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Delhi High Court dismisses Plea seeking to Remove Waqf Board Administrator Ashwani Kumar

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New Delhi, May 28, 2024: The Delhi High Court has dismissed a petition challenging the appointment of the Administrator of the Delhi Waqf Board, imposing a cost of Rs. 10,000 on the petitioner for abusing the process of law.

Recently several petitions were filed in the Delhi High Court challenging the dual role of Ashwani Kumar, the Principal Secretary (Home) of the Delhi Government, as as the Administrator of the Delhi Waqf Board  and head of the Delhi Religious Committee.  As the Administrator of the Delhi Waqf Board, Kumar is responsible for protecting and managing Waqf properties, which are endowments for religious or charitable purposes. However, his concurrent role as the head of the Delhi Religious Committee has raised eyebrows. The controversy surrounding Kumar’s appointments has escalated due to concerns over potential conflicts of interest. Recently a Public Interest Litigation (PIL) was filed by the Secular Front of Lawyers, represented by senior advocate Salman Khurshid and others.

Justice Subramonium Prasad recently, in a stern ruling, stated that the plea filed by Yamin Ali, a resident of Mehrauli, was an absolute abuse of the process without providing any valid reasons to quash the Administrator’s appointment.

“This Court is not inclined to entertain the present writ petition and is inclined to dismiss the writ petition imposing costs of Rs. 10,000 on the Petitioner to be deposited with the Armed Forces Battle Casualties Welfare Fund within four weeks from today,” the court order stated.

Ali had alleged that the Administrator had failed in his duty to protect the historic Akhondji Mosque, a Waqf property, where a portion was allegedly demolished. He sought the removal of the Administrator, contending that he did not safeguard the Waqf property where Ali’s mother is buried.

However, the court noted that Ali had previously filed a similar plea raising the same allegations, which was withdrawn before a coordinate bench. The court observed that Ali had attempted to give a communal flavor to the Administrator’s actions without providing any valid reason to question the official’s qualifications or appointment.

“This Writ Petition is nothing but an abuse of the process of law and is a publicity-oriented litigation,” the court remarked, dismissing the plea.

Earlier hearing this petition, the High Court had reserved the judgment on March 12, 2024.

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