VidhiSangh

Supreme Court of India · 28/04/2023

P. V. NIDHISH & ORS. versus KERALA STATE WAKF BOARD & ANR.

[2023] 4 S.C.R. 547 · 2023 INSC 452

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court rejected prosecution under section 52A of the Wakf Act for possession taken long before the 2013 amendment by tenants already facing civil eviction proceedings. Continued occupation did not convert the earlier taking of possession into the newly created offence. Retrospective penal application would offend Article 20(1). The High Court’s refusal to interfere was set aside without deciding the underlying tenancy and property disputes.

Issues

  1. Whether continued possession under an earlier disputed tenancy attracted section 52A after the 2013 amendment.
  2. Whether treating that possession as a continuing offence would violate Article 20(1).

Provisions considered

Held

Result

Appeal allowed without costs; the High Court judgment rejecting the challenge to the criminal complaint was set aside on the stated prospective-operation grounds.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 547.