'Waqf Amendment Act has no retrospective effect'; High Court quashes case

KOCHI: The Kerala High Court has quashed a case regarding the possession of Waqf land in Kozhikode. It issued the order noting that the Waqf Amendment Act does not have a retrospective effect. The court observed that the property in question had already been in the possession of the occupants before the 2013 Waqf Amendment Act. The case was filed against the employees of the Kozhikode post office, alleging they held the property without permission from the Waqf Board.

In 2017, the Kozhikode Magistrate Court registered a case against two Post Office employees on the complaint lodged by the Waqf board. The Post Office employees later approached the High Court questioning this action. The board took action against the possession of Waqf land on the basis of the provisions of the Waqf Amendment Act of 2013.

However, the High Court clarified that the Waqf Amendment Act does not have a retrospective effect. It stated that no criminal action could be taken for the possession of land that occurred before the Act came into force. This is a significant ruling by the High Court, especially considering the ongoing disputes regarding Waqf land in places like Munambam. The ruling is crucial as concerns over Waqf Board land are arising in areas such as Munambam, Chavakkad, and Wayanad.