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Allahabad High Court Critiques Human Rights Commission Over Madrasah Investigations

The Allahabad High Court has sharply criticized the National Human Rights Commission for its approach to investigating madrasahs in Uttar Pradesh. The court expressed astonishment at the NHRC's focus on madrasah investigations while remaining silent on the issue of mob lynching of Muslims. A temporary halt has been placed on the EOW's investigation of 588 madrasahs, with the next hearing scheduled for May 11. The court has also issued a notice to the NHRC, requiring its representatives to appear. Divergent opinions among the judges may lead to the case being escalated to a larger bench, raising significant questions about human rights oversight in the region.
 

Court's Strong Remarks on Human Rights Commission

The Allahabad High Court has expressed serious concerns regarding the functioning of the National Human Rights Commission (NHRC) in relation to the investigation of madrasahs in Uttar Pradesh. The court stated that it was 'stunned' by the NHRC's directive to investigate madrasahs. During the proceedings, the court also highlighted the issue of mob lynching of Muslims, criticizing the NHRC for its silence on such incidents while being proactive in investigating madrasahs.


Next Hearing Scheduled for May 11

The NHRC had instructed the state government to assign the Economic Offences Wing (EOW) to investigate 588 funded madrasahs. However, the High Court has temporarily halted this investigation, with the next hearing set for May 11. This decision came during the court's review of a petition filed by the Madaris Arabia Teachers Association and two other parties.


Notice Issued to the Human Rights Commission

The High Court has issued a notice to the NHRC, requiring its representatives to appear before the court. The court has maintained its previous interim order regarding the EOW's investigation of madrasahs until further notice. Notably, there were differing opinions among the judges during the proceedings, with the bench consisting of Justice Atul Srivastava and Justice Vivek Saran.


Divergence Among Judges During Proceedings

During the hearings, the two judges of the division bench issued separate orders. Justice Atul Srivastava made comments regarding the NHRC in his individual order, while Justice Vivek Saran disagreed with certain remarks made by Justice Srivastava, particularly in paragraphs 6 and 7, and distanced himself from those comments. This divergence among the judges may lead to the case being referred to a larger bench.