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Synopsis

The Supreme Court of India today dismissed a plea challenging the appointment of Ashwani Kumar, Principal Secretary (Home) of the Delhi Government, as the Administrator of the Delhi Waqf Board.

While refusing to entertain the plea, a bench of Justices M.M. Sundresh and Rajesh Bindal asked the petitioner to approach the High Court for further proceedings.

The plea, filed by one Zameer Ahmed Jumlana, sought a writ of quo warranto to restrain and prohibit Ashwani Kumar from discharging the functions of the Administrator of the Delhi Waqf Board. The plea had accused Kumar of "usurping a public office without any legal authority."

The petitioner further alleged that the term of the Delhi State Waqf Board ended on 26 August 2023, and no new board had been constituted since then. However, the Lieutenant Governor (LG) of Delhi took over the powers of the Waqf Board and appointed Ashwani Kumar as Administrator under Section 99 of the Waqf Act, 1995.

In May 2024, the Delhi High Court had also dismissed a petition challenging the appointment of the Administrator of the Delhi Waqf Board. The court observed that the petition was a 'blatant misuse of the legal process, lacking valid reasons to justify the annulment'. 

“This Writ Petition is an absolute abuse of the process of law without giving any valid reasons as to why the appointment of Respondent No.2 as an Administrator of the Delhi Waqf Board should be quashed”, the bench of Justice Subramonium Prasad held.

One Yamin Ali filed a petition seeking to quash the appointment of Respondent No. 2 as the Administrator of the Delhi Waqf Board. Ali claimed to be a resident of the ancient city of Mehrauli, now part of New Delhi and stated that his mother was buried in the graveyard adjacent to the historic Akhoundji Mosque, a property classified as Waqf Property under the Delhi Waqf Board. He alleged that Respondent No. 2 had authorized the demolition of a portion of this property, thereby failing in his duty to protect it, and should therefore be removed from his position.

Ali, represented by Advocate Shams Khwaja, expressed grievances against several actions taken by Respondent No. 2 as the Administrator of the Delhi Waqf Board, prompting the request for the quashing of Respondent No. 2's appointment.

Apart from claiming that the actions of Respondent No. 2 were improper, Advocate Shams Khwaja provided no reason why Respondent No. 2 was unqualified to serve as the Administrator of the Waqf Board. Advocate Shams Khwaja attempted to ascribe a communal bias to the actions of Respondent No. 2. 

The high court noted no justification to annul the appointment of Respondent No.2. The court pointed out that no evidence was presented to show that Respondent No.2 was unqualified for the role of Administrator. “This Writ Petition is nothing but an abuse of the process of law and is a publicity-oriented litigation”, the court held. 

It further observed that the evidence on record indicated that the decision for the demolition of the structure was documented in the Minutes of Meeting dated January 2, 2024. The petitioner should have contested the Minutes of Meeting and the decisions therein rather than the appointment of Respondent No.2 as Administrator, court said.

Accordingly, it dismissed the petition as a blatant misuse of the legal process, lacking valid reasons to justify the annulment of Respondent No.2's appointment as Administrator of the Delhi Waqf Board. 

Consequently, the court imposed a cost of Rs.10,000 on the Petitioner, to be deposited with the Armed Forces Battle Casualties Welfare Fund within four weeks from the date of the decision.

Case Title: ZAMEER AHMAD JUMLANA ANAS TANWIR Versus ASHWANI KUMAR AND ORS