The petitioner, Zameer Ahmad Jumlana, has requested a writ of quo warranto to restrain Kumar from performing the functions of Administrator and to vacate the office immediately. The petition also calls for the Delhi Government, Lt Governor, Delhi Waqf Board, Divisional Commissioner, and Minority Affairs Department to promptly reconstitute the Board under Section 14 of the Waqf Act.
NEW DELHI: The Supreme Court refused to hear on Monday (6th Jan) the plea challenging the appointment of Delhi Government’s Principal Home Secretary, Ashwani Kumar, as the Administrator of the Delhi Waqf Board on January 10.
A bench of Justices M M Sundresh and Rajesh Bindal advised the petitioner to approach the Delhi High Court.
The petition contended that the term of the Delhi State Waqf Board had expired on August 26, 2023, and no new board had been constituted since then.
A petition has been filed in the Supreme Court challenging the appointment of Ashwani Kumar, the Principal Secretary (Home) of the Delhi Government, as the Administrator of the Delhi Waqf Board, set to take place on January 10 this year. Kumar is accused of unlawfully occupying a public office without legal authority.
The petitioner, Zameer Ahmad Jumlana, has requested a writ of quo warranto to restrain Kumar from performing the functions of Administrator and to vacate the office immediately. The petition also calls for the Delhi Government, Lt Governor, Delhi Waqf Board, Divisional Commissioner, and Minority Affairs Department to promptly reconstitute the Board under Section 14 of the Waqf Act.
Lieutenant Governor (LG) V K Saxena, who approved Kumar’s appointment, also sanctioned the appointment of IAS officer Azimul Haque as the CEO of the Delhi Waqf Board on January 3.
The petition claims that the term of the Delhi State Waqf Board expired on August 26, 2023, and no new Board has been formed since. It further alleges that, despite the absence of the Board, the powers were assumed by the Lt. Governor, who appointed Kumar as the Administrator under Section 99 of the Waqf Act, 1995.
The petition argues that, with the Board’s tenure expired, Section 99 cannot be used to transfer the Board’s powers, labeling Kumar as an unauthorized holder of the Board’s authority.
READ ALSO: Delhi Waqf Board Administrator’s Appointment| HC dismisses Petition with Costs
Jumlana, who is personally impacted by the demolition of mosques and graveyards in Mehrauli, views the case as a matter of national significance, as similar situations exist in Haryana, where there is also an administrator instead of a Waqf Board. He contends that the Waqf Act does not support the appointment of a single administrator, and that Kumar’s appointment cannot be justified as a supersession of the Board since the required conditions under Section 99 have not been met.
The petition also highlights a conflict of interest, as Kumar concurrently served as Chairperson of the Religious Committee overseeing the removal of religious structures on public land. During this time, he recommended and approved the demolition of several Waqf properties, including mosques, graveyards, and dargahs dating back to the 12th century. As Administrator, he failed to take any legal action to prevent these demolitions.
Previously, the Delhi High Court had dismissed a similar petition filed by Yasmin Ali, who challenged Kumar’s appointment. Justice Subramonium Prasad ruled on May 28 that the petition was an abuse of legal process and lacked valid reasons for quashing Kumar’s appointment, ordering a Rs 10,000 cost.
Case Details:
Diary No. 52103-2024
Petitioner: Zameer Ahmad Jumlana, Anas Tanwir
Respondents: Ashwani Kumar & Others
