In Brief
Appellants operated a printing business in rented shop rooms since 1916, initially under a private arrangement and later holding under disputed tenancy with the Kerala State Wakf Board. The Board sought their criminal prosecution as 'encroachers' under Section 52A of the Wakf Act, 1995 (amended 2013). The Supreme Court held that the penal provision cannot apply retrospectively to persons in long-standing possession under expired leases before the amendment. Tenants facing civil eviction proceedings do not become 'encroachers' merely by continuing occupation after lease expiry. Applying the criminal law to past possession would violate Article 20(1), which prohibits punishment under ex post facto laws. The Court set aside the criminal proceedings and allowed the appeal.
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