The prison proceedings had been initiated on a grievance by the Kerala State Waqf Board. (Representational)
Kochi:
The Kerala Excessive Court docket has noticed that part 52A of the Waqf Act, which was inserted by an modification in 2013, doesn’t say that these in occupation of waqf property previous to that may be prosecuted for alienating such land with out the Waqf Board’s sanction.
The statement by Justice P V Kunhikrishnan got here whereas quashing the prison proceedings towards two officers of the Division of Posts for allegedly alienating waqf property with out the Waqf Board’s permission.
The prison proceedings had been initiated towards the officers on a grievance by the Kerala State Waqf Board.
Quashing the prison proceedings pending earlier than a magisterial courtroom in Kozhikode, the Excessive Court docket mentioned the submit workplace was performing on the waqf property since 1999 and part 52A of the Act doesn’t present that an individual who’s in occupation of such land even previous to the insertion of the availability had been liable to be prosecuted.
“Therefore, I’m of the thought of opinion that the prosecution towards the petitioners is unsustainable,” Justice Kunhikrishnan mentioned.
The grievance was filed towards the Division of Submit officers as that they had not vacated the property regardless of the Waqf Tribunal directing them to take action in 2018.
(Aside from the headline, this story has not been edited by EDNBOX employees and is revealed from a syndicated feed.)