Allahabad High Court Stays NHRC's Inquiry Into Aided Madrasas
Court Questions Jurisdiction and Vagueness in NHRC's Orders Directing Economic Offence Wing Investigation
In a significant development, the Allahabad High Court has issued an interim order staying the directives of the National Human Rights Commission (NHRC) for an inquiry into aided Madrasas in Uttar Pradesh by the Economic Offence Wing. The judgment, delivered by a Division Bench comprising Justices Saral Srivastava and Amitabh Kumar Rai, comes as a relief to the petitioners, Teachers Association Madaris Arabia, who challenged the NHRC's orders on jurisdictional grounds.
The petitioners contended that the NHRC's orders dated 28th February, 23rd April, and 11th June 2025, lacked jurisdiction and were based on a vague complaint. They argued that the NHRC's jurisdiction under the Protection of Human Rights Act, 1993, specifically Section 12, is limited by Section 36(2), which bars inquiries into matters after one year from the date of the alleged violation. The petitioners highlighted that the complaint did not specify the date of the alleged violation, making it impossible to determine compliance with the statutory time limit.
The High Court, upon hearing the arguments, observed that the NHRC's jurisdictional boundaries, as outlined in the Act, were indeed a point of concern. Given the absence of specific dates in the complaint, the Court found merit in the petitioners' contention regarding jurisdictional overreach.
The Court ordered a stay on the NHRC's directives, effectively halting the ongoing inquiry by the Economic Offence Wing into the 558 aided Madrasas as per the NHRC's orders. The Court directed the respondents, including the NHRC, to file counter affidavits within four weeks, while the petitioners have been granted four weeks thereafter to file rejoinder affidavits.
This decision underscores the judicial scrutiny of NHRC's operational boundaries and emphasizes the need for clarity and specificity in complaints that trigger investigations into human rights violations. The interim relief provided by the Court will remain in effect until further orders.
The matter is scheduled for its next hearing on 17th November 2025, where further deliberations will take place to determine the future course of action.
Bottom Line:
Protection of Human Rights Act, 1993 - National Human Rights Commission's jurisdiction under Section 12 and limitation under Section 36(2) - Court stays the effect and operation of NHRC's orders directing an inquiry into aided Madrasas by the Economic Offence Wing, U.P., due to jurisdictional issues and vagueness in the complaint.
Statutory provision(s): Protection of Human Rights Act, 1993 Sections 12, 12-A, and 36(2).
