New Delhi – The Supreme Court of India on Monday declined to entertain a plea challenging the appointment of Ashwani Kumar, Delhi government’s Principal Secretary (Home), as the administrator of the Delhi Waqf Board. The appointment, which was scheduled for January 10, has been under scrutiny following a petition filed by Zameer Ahmad Jumlana, seeking to restrain Kumar from assuming the position.
The matter was brought before a bench consisting of Justices M M Sundresh and Rajesh Bindal. The bench, after hearing the petition, directed the petitioner to approach the Delhi High Court with their concerns instead of pursuing the matter before the apex court.
The petition filed by Jumlana argued that the term of the Delhi State Waqf Board had expired on August 26, 2023, and that no new board had been constituted since then. The plea contended that, in the absence of a functioning board, its powers were assumed by the Lieutenant Governor (LG) through the appointment of Kumar as administrator, allegedly under Section 99 of the Waqf Act, 1995.
The plea further sought a court order to prohibit Kumar from discharging his duties as the administrator and to vacate his office immediately. Jumlana raised concerns over the legality of the appointment, which was made by Delhi’s Lieutenant Governor, V K Saxena.
In addition to Kumar’s appointment, the LG also approved the appointment of IAS officer Azimul Haque as the CEO of the Delhi Waqf Board on January 3, 2025.
This is not the first time the matter of such an appointment has been contested. The Delhi High Court had previously dismissed a similar petition in May 2023, filed by Yasmin Ali. The court had imposed a cost of Rs 10,000 on Ali, stating that the petition was frivolous, publicity-oriented, and an abuse of the legal process as it lacked valid grounds for challenging the appointment.
As of now, the Delhi High Court remains the appropriate forum for addressing the legal concerns raised over the appointment of the Delhi Waqf Board administrator.