Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Wakf Act if retrospective Operation of 1995 Penal provision s.52A added by 2013 amendment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Wakf Act, 1995 – s. 52A added by 2013 amendment – Penal provision – Operation of, if retrospective – Held: No – Giving effect to a penal statute so as to cover past acts is a proscribed action in law – Therefore, s. 52A cannot cover cases where leases of wakf properties had expired in the past and where the tenant or lessee was in physical possession and facing civil proceedings for eviction at the time the amendment of 2013 came into force – Interpretation of Statutes.Wakf Act, 1995 – s.3(ee) added by 2013 amendment – “Encroacher” – Interpretation – Appellants were holding the premises and civil proceedings for their eviction were pending when the amendment came into force – In view of the dispute over the termination of their tenancy, appellants if became “encroachers” after the amendment became effective – Held: No – The expiry of leases, or other arrangements, by efflux of time or their valid terminations, in the past, cannot be construed to mean that such lessees become “encroachers” – Nor would past tenants whose possession is disputed, and eviction proceedings pending against them before a court, fit that description u/s.3(ee) – The consequences of such an interpretation would be too startling; even before an adjudication of the validity of termination (of leases, for instance), tenants holding over would be exposed to prosecution – There is no allusion to “continuing offence” or any expression suggesting that such a term (mentioned in s. 472, CrPC) would be attracted to actions which commenced in the past, i.e., before the amendment of 2013 came into force – To hold otherwise, would be depriving the appellants of their rights u/Article 20(1) which cannot be countenanced – Impugned judgment set aside – Code of Criminal Procedure, 1973 – ss. 472, 482 – Constitution of India – Article 21.Words & Phrases – “Whoever alienates or purchases or takes possession of” in s. 52A, Wakf Act – Discussed – Wakf Act, 1995 – s. 52A. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 452 |
Petitioner | P. V. Nidhish & Ors. |
Respondent | Kerala State Wakf Board & Anr. |
SCR | [2023] 4 S.C.R. 547 |
Judgement Date | 2023-04-28 |
Case Number | 309 |
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