No action can be taken against the chief of the Delhi Minorities Commission a quasi judicial body as per the Commission's Act. The chairman, members and staff of the commission are public servants and they have protection from legal proceedings, the Act says. This was pointed out after an FIR was filed against the panel chief, Zafarul Islam.
"No civil, criminal or other legal proceedings shall be taken against the Chairperson, Members or officers performing functions under this Act, or under authority of the Commission, in respect of anything which is done in good faith or intended to be done in pursuance of this Act by or under the authority of the Commission," the Delhi Minorities Commission Act says.
Sources close to the minorities panel chief Zafarul Islam Khan said that whenever the Delhi Police call him, he will present his case.
While legal eagles are divided over this and said that before registering a case, police should have sought permission from the Delhi government, but some say that police can register an FIR but has to take permission from the Delhi government before moving the court.
The DMC has quasi judicial powers, and the Act says, "The Commission shall have, in carrying out its functions, the powers of a Civil Court trying a suit and, in particular, in respect of the following matters, namely: summoning and enforcing the attendance of any person and examining him on oath, requiring the discovery and production of any document; receiving evidence on affidavits and requisitioning any public or institutional record, or copy thereof, from any office or institution of the government."
Delhi police has registered a case of sedition against Zafrul Islam Khan for his provocative remarks on social media. An FIR was registered even as Khan apologised and removed the controversial post.
Delhi Police Special Cell registered the FIR on the complaint of a Vasant Kunj resident. The complaint came to the Lodhi Colony office of the special cell, after the Assistant Commissioner of Police (ACP) Safdarjung Enclave forwarded it.
Khan on April 28 had posted controversial comments on his Facebook page. "Mind you, bigots, Indian Muslims have opted until now not to complain to the Arab and Muslim world about your hate campaigns and lynchings and riots. The day they are pushed to do that, bigots will face an avalanche," Khan had written on Facebook.
However, the Delhi Minorities Commission's chief on Friday had apologised for his controversial remark and had said that he never tried to tarnish the image of India. He also removed the controversial post from the social media.
( With inputs from IANS )