High Court Quashes Case Against Possession of Waqf Land

Date:

Kochi: The Kerala High Court has quashed a case related to possessing Waqf land. The court observed that the amendments to the Waqf Act of 2013 do not have a retrospective effect. The court pointed out that the land in question was already in the possession of the individuals before the 2013 amendment to the Waqf Act. The case had been filed against employees of the Kozhikode Post Office, accusing them of possessing Waqf land without the approval of the Waqf Board.

In 2017, the Kozhikode Magistrate Court initiated legal action against two postal employees based on a complaint by the Waqf Board. However, the postal employees challenged this action in the Kerala High Court.

The Waqf Board had taken action against the possession of Waqf land based on the 2013 amendment to the Waqf Act. However, the High Court clarified that the amendment does not apply retrospectively. Therefore, the court ruled that criminal proceedings cannot be initiated for land possessed before the amendment of the law.

This ruling is significant in the context of ongoing concerns regarding Waqf land in areas such as Munambam, Chavakkad, and Wayanad, and it is a crucial decision from the court.

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