SC Dismisses Plea by Azam Khan's Trust, Citing Misuse of Office

SC Dismisses Plea by Azam Khan's Trust, Citing Misuse of Office
  • Supreme Court dismisses appeal by Maulana Mohammad Ali Jauhar Trust.
  • Trust challenged cancellation of lease on government land.
  • Court finds 'clear case of misuse of office' by Azam Khan.

The Supreme Court of India delivered a decisive ruling on Monday, dismissing an appeal filed by the Maulana Mohammad Ali Jauhar Trust, established by Samajwadi Party leader Azam Khan, challenging the Uttar Pradesh Government's decision to terminate the lease of government land. Chief Justice of India D Y Chandrachud, presiding over the bench, articulated the court's reasoning, highlighting a clear case of misuse of office by Azam Khan. The Trust, of which Khan serves as life chairperson, had been granted the lease of government land, initially designated for a government institution, raising serious concerns about the transfer of public resources to a private entity. The court's judgment solidified the Allahabad High Court's earlier decision of March 18, 2024, upholding the UP Government's action in canceling the lease agreement, which had been initiated on March 31, 2023.

Senior Advocate Kapil Sibal, representing the Trust, attempted to argue that the notice regarding the lease cancellation was inadequate, lacking sufficient reasons, and that the matter had undergone proper Cabinet procedures. However, the court remained unpersuaded by these arguments, emphasizing the inherent conflict of interest arising from Khan's role as a Cabinet minister in charge of Urban Development and Minority Welfare, while simultaneously securing the lease of government land for his family trust. CJI Chandrachud pointed out that the initial lease had been intended for a public institution, not a private trust, further exacerbating the issue of misuse of official authority. The bench rejected the Trust's arguments, considering the evidence to be conclusive and the justification for the cancellation of the lease to be clearly warranted.

Sibal further argued that the cancellation constituted a malafide action, highlighting the fact that the Trust was providing education to 300 students at a nominal fee of Rs. 20. He expressed concern about the immediate impact of the closure on these students, urging the court to instruct the government to arrange alternative educational facilities for them. In response, the court acknowledged the students' predicament and directed the Uttar Pradesh Government's School Education Department to intervene, ensuring that no child was denied access to suitable education. This action by the court aimed to mitigate the negative consequences of the lease cancellation while upholding the principle of accountability in government affairs, particularly in cases involving the potential misuse of public resources for personal gain.

Source: SC dismisses plea by Azam Khan’s Maulana Mohammad Ali Jauhar Trust against lease termination: ‘clear case of misuse of office’

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