Source: Karnataka High Court

Why in News?

Recently, the High Court of Karnataka held that under the provisions of Section 52A of the Waqf Act, 1955, the trial court can take cognizance only on complaint made by the Board or any officer duly authorized by the State Government in this regard and not the basis of police report.

• The aforesaid observation was made in the case of Sayyad Murtuza Sayyad Kasim Haji v. State of Karnataka & Ors.

What was the Background of Sayyad Murtuza Sayyad Kasim Haji v. State of Karnataka & Ors. Case?

• In this case, the respondent who is the Waqf Officer has filed the First Information Report (FIR).
• On the basis of this, the Police have registered the case against the petitioner for the offence under Section 52A of the Waqf Act.
• Learned Additional Civil Judge took cognizance of the offence under Section 52A of the Waqf Act against the petitioner based on the charge sheet.
• Thereafter, a petition was filed before the Karnataka High Court for quashing of the proceedings initiated against him.
• Allowing the petition, the High Court quashed the entire proceedings.

What were the Court’s Observations?

• The Court observed that under the provisions of Section 52A of the Waqf Act, the trial court can take cognizance only of the complaints made by the Board or any officer duly authorized by the State Government, it cannot take cognizance of offence based on a police report.
• The Court further added that the word complaint has been defined under Section 2(d) of the Criminal Procedure Code, 1973 (CrPC). It does not include a police report.
  • The Police report has been expressly excluded in the definition of complaint under Section 2(d) of the CrPC.

What are the Legal Provisions Involved?

• About the Waqf Act:
  • The Waqf Act, 1995, which repealed and replaced the Waqf (Amendment) Act, 1984, came into force on the 1st January 1996.
  • The Act provides for the better administration of auqaf (properties, legacies esp. for charitable purposes) and for matters connected therewith or incidental thereto.
  • However, over the years of the working of the Act, there has been a widespread feeling that the Act has not proved effective enough in improving the administration of auqaf.
• Section 52A of the Waqf Act:
• This section deals with the penalty for alienation of waqf property without sanction of Board. It states that-

(1) Whoever alienates or purchases or takes possession of, in any manner whatsoever, either permanently or temporarily, any movable or immovable property being a waqf property, without prior sanction of the Board, shall be punishable with rigorous imprisonment for a term which may extend to two years.

Provided that the waqf property so alienated shall without prejudice to the provisions of any law for the time being in force, be vested in the Board without any compensation, therefore.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this section shall be cognizable and non-bailable.

(3) No court shall take cognizance of any offence under this section except on a complaint made by the Board or any officer duly authorized by the State Government in this behalf.

(4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this section.