HC gives AAP govt 4 more weeks to file reply to plea challenging Delhi Minorities Commission Act

The high court on May 21 had given the Delhi government time till June 22 to file a reply to the challenge to the constitutionality of the DMC Act.
Delhi High court. (File Photo)
Delhi High court. (File Photo)

NEW DELHI: The Delhi High Court Tuesday gave the AAP government four more weeks to indicate its stand on a PIL alleging that the Delhi Minorities Commission (DMC) Act was unconstitutional.

A bench of Chief Justice D N Patel and Justice Prateek Jalan granted the additional time sought by the Delhi government and listed the matter for hearing on July 30.

The high court on May 21 had given the Delhi government time till June 22 to file a reply to the challenge to the constitutionality of the DMC Act.

On Tuesday, the Delhi government counsel sought more time saying law department was functioning at low strength due to COVID-19 pandemic and therefore, the reply could not be finalised.

While granting time to the Delhi government to file its reply, the bench made it clear that the prayer, in the petition, for removal of DMC chairperson Zafarul Islam Khan from his post was dealt with on May 21 and disposed of with a direction to the Delhi government to take a decision within two weeks.

The court said it was now only concerned with the challenge to the constitutional vires of the DMC Act.

Advocate Dhananjai Jain, appearing for petitioner Vikram Gahlot, said the two weeks given by the court were long over and no action has been taken by the Delhi government.

The Delhi government counsel told the bench that Khan's replies, in relation to an allegedly objectionable social media post by him, have been received by the law department where it is pending consideration.

The Lieutenant Governor had on April 30 directed the administrative department of the Delhi government to initiate action against Khan under Section 4 of DMC Act in connection with the social media post.

The section provides for removal of the DMC chairperson after giving him a proper hearing.

Khan, a social worker, had contended that the Delhi Legislative Assembly did not have the powers to enact the DMC Act and therefore, the statute be declared ultra vires of the Constitution and struck down.

He has also contended that since the Act was not valid, the appointments made under it, including that of the chairman, would also be invalid.

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