SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has quashed the controversial orders dated July 3, 2023, issued by the Additional Deputy Commissioner of Kishtwar, which directed the takeover of Madrasas run by various petitioners.
The court, presided over by Justice Sanjeev Kumar, declared the orders as violative of principles of natural justice and limited their applicability only to Madrasas operated by the Maulana Ali Miyan Educational Trust, Bathindi.
The case was brought before the court by Raj Ali and others, who were aggrieved by the takeover orders affecting their Madrasas. The petitioners were represented by Gagan Basotra, a Senior Advocate, along with Sahil Gupta and Nadeem Bhat, Advocates.
The impugned orders, issued by the Divisional Commissioner, Jammu on June 14, 2023, were the root cause of contention. The petitioners argued that the orders pertain solely to Madrasas operated by the Maulana Ali Miyan Educational Trust, Bathindi, and should not have been applied universally to their Madrasas, which function under different Educational Trusts.
Upon preliminary hearings, the court directed Monika Kohli, Senior Additional Advocate General (AAG) representing the Union of India, to ascertain whether the petitioners’ Madrasas were indeed unrelated to the Maulana Ali Miyan Educational Trust, Bathindi. After careful examination, it was confirmed that the petitioners’ Madrasas were not connected or associated with the said trust.
Justice Sanjeev Kumar, in his ruling, expressed that the Additional Deputy Commissioner of Kishtwar was erroneous in applying the orders of the Divisional Commissioner without substantial evidence of a connection between the petitioners’ Madrasas and the mentioned trust. He emphasised that the impugned orders were issued without granting the petitioners an opportunity to present their case, which goes against the principles of natural justice.
In light of these findings, the High Court allowed the petition and quashed the orders issued by the Additional Deputy Commissioner on July 3, 2023. Justice Sanjeev Kumar clarified that the June 14, 2023 order by the Divisional Commissioner, Jammu, was only applicable to Madrasas affiliated with the Maulana Ali Miyan Educational Trust, Bathindi.
The court also made it clear that while the impugned orders were revoked, the authorities retained the right to take appropriate actions if any Madrasas, including those operated by the petitioners, were found to be violating the law. However, such actions must be taken only after providing the concerned parties with proper notice and a fair opportunity to be heard.
