Kerala High Court says Waqf Amendment Act of 2013 will not have retrospective effect, quashes case

Thiruvananthapuram: The Kerala High Court has held that the Waqf Amendment Act of 2013 will not have retrospective effect and quashed a case registered against postal authorities for possession of Waqf property land in Kozhikode without the prior sanction of Waqf board.

The order has come amidst widespread protest in Kerala over eviction notices issued by the Wakf board to people at various places.

A local court in Kozhikode had initiated a case against officials of the Marikunnu post office in the district in 2017 for allegedly possessing a Waqf land without permission. The post office was functioning in a rented building, which was later marked as Waqf land.

The post office was functioning in the property much before 2013 and hence the charges under section 52 A of the Waqf Amendment Act of 2013 could not be invoked against the officials, the HC held.