Kerala HC quashes criminal case against former postal officials for taking possession of Waqf property

The Kerala High Court has quashed a criminal case registered against two former officers of the Department of Posts, Kozhikode division, under section 52A of the Waqf Act on a complaint by the Waqf Board for illegally taking possession of Waqf property on which a post office was located.

Justice P.

V.

Kunhikrishnan passed the order recently while allowing a petition filed by K.

Sukumaran and K.

Prema, former Senior Superintendent and sub-post master respectively, seeking to quash the case.

The case was filed before the Judicial First Class Magistrate Court-I, Kozhikode, based on a complaint by the Waqf Board, alleging that the petitioners took possession of the Waqf property without obtaining sanction from the board and therefore they committed an offence under section 52A of the Act.

The section prescribes two years of rigorous imprisonment for those who purchase or take possession of Waqf movable or immovable property either temporarily or permanently without the sanction of the board.

Before section was introduced Suvin R.

Menon, counsel for the Union government, representing the former post-office officers, contended that that the property was in possession of the Postal department before section 52A was inserted in the Waqf Act.

He pointed out that section 52A was incorporated in 2013.

The court observed that a perusal of the section showed that a person who is in occupation of Waqf property prior to the insertion of section 52A of the Act is not liable to be prosecuted.

The Department of Posts was in possession of the property prior to the insertion of section 52A in the Act.

The post office was functioning from 1999.

Hence, the prosecution against the petitioners is unsustainable.

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