High Court's crucial verdict: Waqf Land Act has no retrospective effect; case against postal officials quashed

KOCHI: The High Court verdict came as a setback to the Waqf Board's moves to grab the land by portraying the existing owners as encroachers. The single-judge bench of Justice PV Kunhikrishnan said that the amendment to Section 52A of 2013, which provides that the ones holding land without the permission of the Waqf Board, can be treated as encroachers and can be punishable with imprisonment of up to two years, has no retrospective effect. The verdict will be a hope for the government to resolve the Waqf dispute in Munambam in favour of the current heirs.

The verdict will help five families in Wayanad who recently received notices from the Waqf Board and 37 families in Chavakkad who received the notice yesterday. Justice P P Kunhikrishnan quashed the criminal case pending in the Kozhikode Judicial First Class Magistrate Court against Postal Department Kozhikode Senior Superintendent K Sukumaran and Marykunnu Sub Postmaster K Prema on the complaint of the Waqf Board. The court pointed out that the post office at Marykunnu was functioning even before the 2013 amendment.

The post office was established on April 30, 2000, on the land leased from the JDT Islam Orphanage Committee. The rent was collected until 2014 and a notice to vacate was given later. Subsequently, a favourable verdict was received from the Waqf Tribunal. The post office couldn't be moved because another building could not be found. Following this, a case was filed in Kozhikode court for criminal offences against the employees.

Retrospective effect is unconstitutional

1. As per Article 20(1) of the Constitution- Exposed Fact of Criminal Law, a criminal law shall be in force only from the time it comes into force.
2. Yesterday's high court verdict is according to this. Criminal action cannot be taken against those who have been holding the land for decades.

Notices issued to 37 families in Chavakkad and Guruvayur

CHAVAKKAD: Ten families in Ottathengu in Chavakkad Orumanayur village, 10 families in Guruvayur village and 17 families in Manathala village received notices from Waqf Board yesterday claiming ownership of their land. There are members from all three religions. A total of five acres of land is there. The land has been owned for more than fifty years.

"A law is essential to prevent widespread land encroachment under the leadership of the Waqf Board. A bill will be passed in the next session of Parliament."

- Amit Shah,

Union Home Minister