Unregistered lawyers’ association challenges appointment of Ashwani Kumar as Waqf Board Administrator in Delhi Government, citing it as unlawful, capricious, and contrary to the board’s interests.
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DELHI: Recently, An unregistered lawyers’ group, has initiated a legal challenge by filing a Public Interest Litigation (PIL) in the Delhi High Court. This litigation challenges the designation of Ashwani Kumar, the Principal Secretary (Home) of the Delhi Government, as the Administrator of the Delhi Waqf Board. As per the filing party, the appointment is characterized as “unlawful, capricious, and contrary to the board’s interests.”
The case was presented to a division bench led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora. During the hearing, the lawyer representing the Delhi Government asked for more time to get instructions on the issue.
It was also revealed during the hearing that a similar case, with an analogous objective, is currently under review by a single judge bench of the High Court, which has reserved its decision.
The PIL specifically calls for several authorities, including the Delhi Government’s Minister for Revenue and the Chief Secretary, to take concrete actions towards reforming the Delhi Waqf Board. Additionally, it requests a directive to stop Ashwani Kumar from making any decisions about Waqf properties or the board while he serves as Administrator.
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During the hearing, senior advocate Salman Khurshid, representing the petitioner, the Secular Front of Lawyers, emphasized their concerns, particularly regarding the reconstitution of the Delhi Waqf Board.
Khurshid noted-
“The Delhi Waqf Board’s time ended in August last year, but it hasn’t been replaced yet. The government is using a rule that applies when the board is replaced, but here, it’s just a long delay.”
Khurshid also raised a concern regarding a potential conflict of interest, stating-
“When it comes to decisions about properties with potential religious implications or demolition, the religious committee provides recommendations… Now, Respondent No. 3 (Kumar) serves as both the chairman of the religious committee and the Administrator of the Waqf Board, which creates a conflict of interest.”
The PIL claims that while an administrator is typically appointed to enhance an organization’s operations, in this case, the opposite is true. Instead of safeguarding the Waqf properties, the administrator is accused of “sitting to destroy” them. Kumar’s appointment as administrator occurred on January 10 of this year.
In the hearing, the bench also addressed wider concerns regarding Waqf properties, focusing on their alleged “misuse.” It was noted that disputes continue over 123 properties claimed by the Delhi Waqf Board, which are deemed “profitable” and are located in the central area of the national capital.
The bench also addressed a separate issue of “unauthorised construction” on a property in Nizamuddin East, stating,-
“That property, identified as a Waqf property, has been sold multiple times, leading to the construction of a hotel on the land without proper permissions. When questioned, authorities stated that there’s a dispute between the Waqf and the DDA over ownership. Unfortunately, in this dispute, no one is managing the properties, leaving them vulnerable to encroachment. There seems to be collusion between officials from both departments, allowing multiple sales and unauthorized construction to occur. This misuse of properties is ongoing, and it’s evident that it’s happening with the involvement of officials from the Waqf and DDA.”
The PIL is set for further discussion on May 8th.
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