'You as Urban Development Min allotted land to family trust': SC rejects Azam Khan's plea against lease cancellation

New Delhi: The Supreme Court on Monday declined to interfere with the Allahabad High Court's order of March 18, 2024, which rejected a challenge to cancellation of land lease of Moulana Mohammad Ali Jauhar University run by a trust led by senior Samajwadi Party leader Mohd Azam Khan.

"We won't interfere in the matter as facts are gross. You as the Urban Development Minister as well as the Minority Affairs Minister got the land allotted to a trust run by the family. It is a clear case of misuse of office, if this is not so what else would be," a bench led by Chief Justice of India D Y Chandrachud told senior advocate Kapil Sibal, appearing for Khan.

Sibal said all these are facts, which can't be disputed but the decision for allotment of lease of the land was then taken by the Cabinet not individually. He claimed no show cause notice was issued before cancellation of the lease.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, however, dismissed the plea, saying, "We don't find any infirmity with the High Court's order.

Sibal insisted the action was malafide. 

"We are charging Rs 20 as fees for 5% of the children. This is not for profit organisation," he said, adding the matter was also related to over 200 students' future.

On his request, the court, however, directed the Secretary, School Education or the competent authority to ensure no child is deprived of the education.

Before the High Court, the Uttar Pradesh government argued that this was a case of "nepotism" where the cabinet minister was himself the chairman of a private trust running the institution and all approvals were granted by him by bypassing procedures prescribed in law.

It was also claimed the land which was acquired for the purpose of higher learning (research institute) was being used to run the Rampur Public School.

Azam Khan and his family faced over 80 FIRs including those of land grabbing after the change of regime in Uttar Pradesh in 2017. 

The previous Samajwadi Party government had transferred 1.314 hectares of land of District Jail, Rampur to the Department of Minority Welfare and Waqf, State of UP for establishment of the Training and Research Institute.

In 2014, the state government took a decision to lease out the Research Institute in favour of the petitioner trust and a lease deed of February 04, 2015 was executed between the Governor of the State and the petitioner trust.

In 2017, on a complaint by Member of UP Legislative Assembly and Minister of State Baldev Singh Aulakh, a Special Investigation Team (SIT) was constituted.

Following the report by the SIT, the Uttar Pradesh government on January 28, 2023 terminated the lease deed.