Allahabad HC bench divided on NHRC order to probe madrassas

Prayagraj: Justice Atul Sreedharan of Allahabad high court pulled up the National Human Rights Commission (NHRC) for ordering an inquiry into 558 aided madrassas in UP, questioning why it was entertaining matters that fell within the court's remit while ignoring attacks on Muslims. However, the second judge on the division bench, Justice Vivek Saran, did not find the criticism appropriate, observing that NHRC was not represented before the court, and that the order was passed even when the petitioner was not arguing the case and had only sought an adjournment. "Instead of taking suo-motu cognizance (of cases) in which members of the Muslim community are attacked and at times lynched in some cases, and where cases are not registered against perpetrators or not investigated properly, the rights commissions are seen dabbling in matters that prima facie do not concern them," Justice Sreedharan said. "This court is not aware of the NHRC taking suo motu cognizance when vigilantes take the law into their own hands and harass ordinary citizens, or target individuals over interfaith relationships... Yet, it finds time to entertain matters that fall within the high court's remit under Article 226 and could be effectively adjudicated there," he added. The stinging remarks by Justice Sreedharan came on April 27, while the bench was hearing a petition by Teachers Association Madaris Arabia, challenging NHRC's Feb 2025 directive to the Lucknow Economic Offences Wing to probe a complaint against the 558 aided madrassas. Disagreeing with Justice Sreedharan's criticism, Justice Saran said "if any order touching on the merits of the case or even touching on the role of NHRC had to be passed, then all parties concerned ought to have been heard".