The petitioner has filed this petition as a Public Interest Litigation. He seeks a declaration that the Delhi Minorities Commission (DMC) Act, 1999 is ultra vires and non-est. As well as for the removal of respondent no. 3 from the post of Chairman, Delhi Minorities Commission.
Facts of the Case
Mr. Zafarul Islam Khan is the Chairman of the Delhi Minorities Commission. On April 28, he had put up a post on his Facebook. The post said, “Thank you Kuwait for standing with the Indian Muslims! The Hindutva bigots calculated that given the huge economic stakes involved the Muslim and Arab world will not care about the persecution of Muslims in India.”
Further, it contends that the content of this post prima facie appears to have the potential of disturbing communal harmony in the city. Hence, the petitioner has filed seeking removal of the respondent from the position of Chairman from the Delhi Minorities Commission.
Observation of the Court
The Counsel for Respondent nos. 1 and 2 stated that a division bench of the Court has already passed an order for the second prayer of the petitioner.
Further, the Court observed the following:
- They observed that the counsel for the respondent stated that a notice to show cause was already issued to respondent No. 3 and the decision would be taken.
- Secondly, the Court said that under Section 4(4)(f) of the DMC Act, whether a member or a Chairperson of the DMC has abused his position is to be decided by the GNCTD. Additionally, it was not open to the Court to order the removal of respondent No. 3.
- Further, the Court expects a decision within a reasonable time, considering that the term of appointment of respondent No. 3 is lapsing on 14th July 2020.
- In addition, the Court stated that it need not issue another notice to respondent no.3.
Statement of the Counsel
The Counsel, stated that his statement in the said order with regard to a show-cause notice having been issued to respondent no. 3 is not correct. He will be filing an application for correction/modification. Thereafter, the Court directed the respondent to file a status report on May 20.
Additionally, the status report filed by the respondent stated that a letter has been addressed to Arvind Kejriwal, Hon’ble Chief Minister, Delhi. It mentioned that the matter is particularly serious considering that one of the functions of DMC is to make recommendations for ensuring, maintaining, and promoting communal harmony in Delhi.
Furthermore, the petitioner’s counsel stated that despite the said order and report, no show-cause notice has been issued to Respondent No. 3 to this date.
Court’s Decision
The Court noted the order and the lack of any explanation for the incorrect statement. This was recorded by the Counsel. Further, the Court disposed of the matter by directing the respondents No. 1 and 2 to conclude the process under Section 4(4)(f) of the DMC Act against respondent No. 3 Mr. Zafar-ul-Islam Khan by law within two weeks so the process does not become infructuous.
The Court further issued notice to DMC, the Delhi Government, and Mr. Zafarul Islam Khan. Finally, the Court listed the matter for 23rd June 2020.
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