The Kerala High Court quashed criminal proceedings against postal officials K. Sukumaran and K. Prema, who were accused by the Kerala Waqf Board of unlawfully occupying Waqf property without prior Board approval. Justice P.V. Kunhikrishnan, in his judgement on November 7, ruled that Section 52A of the Waqf Act, which mandates sanction for Waqf property possession, cannot be applied retroactively to occupations before its 2013 enactment. The court found that the post office had legally occupied the property since 1999 under a lease agreement, and thus the case against the officials was legally unsustainable.
The case, filed by the Kerala State Waqf Board in 2017, alleged that the postal department officials unlawfully occupied a Kozhikode property. However, the court noted that the Department of Posts had leased the property with proper agreements as early as 1999, long before Section 52A came into effect.
The petitioners, Senior Superintendent K. Sukumaran and Sub Post Master K. Prema, had faced allegations under Section 52A of the Waqf Act, which prescribes up to two years of imprisonment for unauthorized possession or transfer of Waqf property.
The post office was established in 1999, and the case was filed against Kozhikode Post Office employees in 2017, who then moved the court in response.
In its ruling, the court underscored that Section 52A’s applicability was limited to actions undertaken after its insertion in 2013. The court noted that since the Department of Posts entered into lease agreements with the Waqf property’s managing committee as early as 1999, the department’s possession was lawful before Section 52A came into effect.
Justice Kunhikrishnan remarked, “A perusal of the same would not show that a person who is in occupation of Waqf property even prior to the insertion of Section 52A of the Act are liable to be prosecuted. Admittedly the Department of Posts were in possession of the property even prior to the insertion of Section 52A of the Act. The Post Office was functioning from 1999 onwards. Hence I am of the considered opinion that the prosecution against the petitioners is unsustainable.”
This case shows how the Waqf Board’s use of its powers is leading to aggressive claims on properties, even those legally leased, under the pretext of enforcing regulations. By leveraging Section 52A and other amendments, the Board has pursued criminal cases against individuals and institutions, often retroactively applying laws to assert ownership. This practice is alarming for ordinary citizens, as it implies that any land—leased, privately held, or historically occupied—could suddenly be declared Waqf property, with legal action to follow. Such actions pose a serious threat to property rights and undermine public confidence in lawful ownership.
With the Waqf issue, particularly in Munambam, nearing a flashpoint, the Kerala High Court’s verdict is crucial. This judgment is of utmost importance as reports of alleged Waqf-related intimidation have emerged from Munambam, Thalipparambu, Chavakkad, and Wayanad, affecting areas in Ernakulam, Kannur, Thrissur, and Wayanad. The verdict is expected to have far-reaching consequences across the state.
The High Court’s decision serves as an eye-opener. It is significant as both the ruling CPM-led Left Democratic Front (LDF) and the opposition Congress-led United Democratic Front (UDF) are engaged in intense competition to appease communal elements. This approach persists despite the fact that Waqf practices have been a concern not only for Hindus and Christians but also for some Muslims.
