Kerala High Court: No prosecution for possessing Waqf property without sanction from Waqf if possession was before insertion of Section 52 A of Waqf Act

The Kerala High Court in the case K Sukumaran v Kerala State Waqf Board observed and has held that there cannot be a prosecution under Section 52A of the Waqf Act for taking possession of Waqf property without prior sanction of the Waqf Board if there was prior possession of the property, that is before the insertion of Section 52A in 2013.

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The Section 52A of the Waqf Act provides rigorous imprisonment up to 2 years for alienation, purchasing or possession of movable or immovable Waqf property without prior sanction from the Waqf Board.

The bench headed by Justice P. V. Kunhikrishnan in the case observed and has quashed the proceedings initiated against the employees of the post office on finding that they were in possession of the property since 1999.