Take a decision on removal of DMC chief Zafarul Islam Khan within 2 weeks: Delhi HC directs AAP govt

The Delhi High Court has asked the Delhi government to complete the action and the process initiated against Zafarul Islam Khan for his controversial post on social media. 

The Court has directed that the process initiated under the provisions of the Delhi Minorities Commission Act against him be concluded within two weeks seeing that his tenure ends on July 14, 2020 and it is argued that if removal of the respondent is delayed, this petition would become infructuous.

The court directed to conclude the process under Section 4(4)(f) of the Delhi Minorities Commission Act against Zafarul-Islam Khan in accordance with the law.

This petition filed in the public interest has sought a direction to Delhi Minorities Commission, Delhi government and Lieutenant Governor of Delhi, to forthwith remove Mr. Zafarul Islam from the post of Chairperson of Delhi Minorities Commission, in exercise of powers under Section 4(4)(f) of the Delhi Minorities Commission Act, 1999.

It has been the contention of the counsel for the petitioner that Zafarul Islam Khan has abused his position of Chairperson of the Delhi Minorities Commission and his 
continuance on the said post is detrimental to public interest. 

It was informed to the court earlier that the  Lieutenant Governor, Delhi has already directed steps to be taken in this respect and on May 8, 2020, a notice to show cause has already been issued.

The court observed, " Since under Section 4(4)(f) of the Delhi Minorities Commission Act, the opinion whether a Member or a Chairperson of the Delhi Minorities Commission has abused his position and/or in the public interest is liable to be removed from the post of Chairperson or Member, is to be of the Delhi government, it is not open to this Court to order removal .... " even before the DMC and LG have formed an opinion in this respect. 

In accordance with the last order, a Status Report has been filed.  The said report reads as under:-

"The content of this post prima facie appear to have the potential of disturbing communal harmony in the city. The matter is particularly serious considering that one of the functions of DMC is to take recommendations for ensuring, maintaining and promoting communal harmony in Delhi.  Governor has directed to the Administrative Department concerned to initiate action as per provision of Section 4 of the Delhi Minorities Commission Act against Zafarul-Islam Khan. "

Earlier, the Special Cell of Delhi Police sedition charges against Delhi Minority Commission chairman Zafarul Islam Khan for his incendiary remarks.

He had posted a message in social media in which he stated that if Muslims are continued to be persecuted in India, he will complain to the Aran countries following which all hell will break loose.

A resident of Vasant Kunj registered an FIR against him, stating that the Khan's post was “provocative, intend to cause disharmony and create a rift in the society.”

However, he issued an apology on social media saying that the post was "ill-timed and insensitive in view of the country facing a medical emergency".

He said that his tweet thanking Kuwait for acknowledging the persecution of Indian Muslims in the context of the northeast Delhi violence has hurt certain people's sentiments which were never his intention.