Today, On 14th October,The Supreme Court dismissed a Special Leave Petition (SLP) challenging the cancellation of a land lease to the Maulana Mohammad Ali Jauhar Trust. Chief Justice of India emphasized that the land allotment was a clear misuse of office, as the client involved was a cabinet minister at the time. The court found no merit in the petition, upholding the previous decision to cancel the lease.
New Delhi: A Supreme Court bench led by Chief Justice DY Chandrachud today declined to entertain a petition filed by the Executive Committee of the Maulana Mohamad Ali Jauhar Trust challenging the Uttar Pradesh government’s decision to take over their land.
Referring to the misuse of office by the petitioner, the CJI remarked, calling the facts gross,
“The admitted facts on record show that the allotment of land was a clear misuse of the Minister’s office. Your client was a CABINET MINISTER at the time of the land allotment… we’ve reviewed the judgment,”
While finding no issue with the High Court’s decision upholding the government’s land takeover, the bench acknowledged Senior Advocate Kapil Sibal’s concern that 300 children were left without a school.
The court stated,
“The education secretary or relevant state department should address the grievance of providing suitable education for these 300 students,”
On March 18, 2024, the Allahabad High Court had dismissed the Trust’s petition, citing allegations of “nepotism” and misuse of power by Mohd. Azam Khan, who was a Cabinet Minister at the time and served as chairman of the private trust managing Jauhar University. The petition alleged that Khan used his position to acquire valuable state land and finance the construction of the Research Institute with state funds.
On January 31, 2023, the Additional Chief Secretary of the Department of Minority Welfare and Waqf, U.P. Civil Secretariat in Lucknow, issued an Office Memorandum withdrawing permission for the Maulana Mohammad Ali Jauhar Trust to be associated with the Maulana Mohammad Ali Jauhar Technical and Research Institute in Rampur. This memorandum also cancelled the lease agreement dated February 4, 2015, along with the Rectification Deed dated May 22, 2015.
The Trust challenged this Office Memorandum, along with notices issued on February 15 and March 6, 2023, by the District Minority Welfare Officer, Rampur. These notices instructed the Trust’s Manager to vacate the premises of the Research Institute.
Under the previous government led by the Samajwadi Party, 1.314 hectares of land belonging to District Jail, Rampur, had been transferred to the Department of Minority Welfare and Waqf for the purpose of establishing the Training and Research Institute.
Read Also: Supreme Court Urges Swift Hearing in Jauhar University Land Case by Allahabad High Court
In 2014, the State Government decided to lease out the Research Institute to the petitioner trust, formalizing the arrangement with a lease deed on February 4, 2015, between the State’s Governor and the Trust.
However, following a change in government in 2017, U.P. Legislative Assembly member and Minister of State, Baldev Singh Aulakh, raised concerns about the Trust’s functioning. Subsequently, a Special Investigation Team (SIT) formed. Based on the SIT’s findings, the State Government decided on January 28, 2023, to terminate the lease.