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A. K. Sreelatha – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
ORDER :
P.V.Kunhikrishnan, J.
These two Criminal Miscellaneous Cases are connected, and therefore I am disposing of these cases by a common order because a common legal issue is raised in these two cases. In these two cases, prosecution initiated against the petitioners under Section 52A of the Waqf Act, 1995 (for short, 'the Act') is challenged.
2. First I will narrate the facts in Crl.M.C. No.3009/2019:
The 2nd respondent herein filed a complaint before the Judicial First Class Magistrate Court, Kozhikode alleging an offence punishable under Section 52A of the Act against the petitioner. The allegation in the complaint is that the 2nd respondent is a statutory body constituted under the Act as per the board decision No.A1-1833/84 dated 23.08.2016. It is submitted that the Cheriya Chakalathoppa Tharawad Waqf and its properties are Waqf properties registered with the Kerala State Waqf Board as 1008/RA. According to the 2nd respondent, the petitioner/accused is in unauthorised occupation of the said Waqf property. As per Section 32 of the Act, it is the duty of the Waqf board to ensure that all the properties of the board are properly maintained, controlled, and administered and the inc
The court established that penal provisions of the Waqf Act cannot apply retrospectively to actions occurring before their enactment.
Prosecution under Section 52A of the Waqf Act for acts before its enactment violates Article 20(1) of the Constitution, as laws cannot be applied retrospectively.
Encroachment over Wakf property – Injunction against punishing anyone for conduct which was not an offence when it was committed, by an enactment which creates one, subsequently, with retrospective e....
The main legal point established in the judgment is that the provisions of Section 52-A and Section 68 of the Waqf Act, 1995, do not cover criminal misappropriation, cheating, or fabrication of recor....
The FIR was quashed as it contravened Section 52A(3) of the Waqf Act, 1995, which bars cognizance of offences without a complaint from the Waqf Board.
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
The amendment to Section 52A of the Wakf Act lacks retroactive effect, invalidating charges against actions preceding the amendment.
Waqf Board has the power under Section 54 of the Waqf Act to order eviction of encroachers from the waqf property.
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