Allahabad High Court stays EOW probe against 558 aided madrassas in Uttar Pradesh


The Allahabad High Court, earlier this week, stayed a probe by the Economic Offence Wing (EOW) against 558 aided madrassas in Uttar Pradesh.

The probe into alleged violations of human rights in the Madrassas was being conducted by the EOW on the directions of the National Human Rights Commission, which acted on a complaint made by a person named Mohammad Talha Ansari.

The Islamic educational institutions challenged the probe as well as the directions of the NHRC in the HC earlier this year.

A bench of justices Saral Srivastava and Amitabh Kumar Rai stayed the probe by the EOW on September 22. The court has also issued notice to the NHRC as well as to the complainant and fixed November 17 as the next date of hearing.

The petitioners submitted before the court that the functions of the commission are specifically enumerated under Section 12 of the Protection of Human Rights Act, 1993. The petition added that Section 36(2) of the Act clearly states that the commission shall not inquire into any matter after the expiry of one year from the date on which the alleged act constituting violation of human rights took place.

The petition further cited that complaint is silent regarding the date of the alleged act of human rights violation and since the averments made therein are vague and do not disclose any specific date, it is not possible to ascertain whether the complaint was filed within one year from the date of the alleged violation.

Hence, it is submitted that the entire exercise undertaken by the commission is without jurisdiction.



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