Allahabad High Court: In a writ petition filed by the Teachers Association Madaris Arabia (‘Association’) challenging the order passed by the National Human Rights Commission (‘NHRC’), whereby the NHRC had directed the Director General, Economic Offences Wing, U.P., Lucknow, to conduct an inquiry into all 558 aided Madrasas across the State, the Division Bench of Saral Srivastava and Amitabh Kumar Rai, JJ., stayed the operation of the orders passed by the NHRC.
Acting on a complaint by respondent 9, the NHRC, in three separate orders dated 28-02-2025, 23-04-2025 and 11-06-2025 this year, directed the Director General of the U.P. Economic Offences Wing to initiate an inquiry into alleged financial and other irregularities in the management of these madrasas and to submit an action‑taken report. Pursuant to these directions, the State Government, on April 23, issued notification vesting authority for a comprehensive investigation into all 558 aided madrasas.
The Association challenged the NHRC’s order on the ground that it lacked jurisdiction under the Protection of Human Rights Act, 1993. Relying on Sections 12, 12-A, and 36(2) of the Act, it was contended that the Commission is not empowered to inquire into matters beyond one year from the date of the alleged human rights violation, and that none of the conditions under Section 12-A for initiating a suo motu inquiry were satisfied. It was further argued that the complaint did not mention any specific date of the alleged violation, rendering it vague and time barred. Therefore, the entire inquiry initiated by Economic Offences Wing was asserted to be without jurisdiction.
The Court observed that the matter required further consideration.
The Court issued notices to respondents 1 and 9, returnable on an early date. All respondents were directed to file counter affidavits within four weeks, and thereafter the Association would have four weeks to file their rejoinder affidavits. The matter was listed for 17-11-2025 before the appropriate Bench.
Until further orders, the Court stayed the effect and operation of the impugned orders dated 28-02-2025, 23-04-2025 and 11-06-2025 passed by NHRC, New Delhi. It was further clarified that the matter was not to be treated as tied up or part-heard before the Bench.
[Teachers Association Madaris Arabia v. National Human Rights Commission, WRIT – C No. – 32051 of 2025, decided on 22-09-2025]
Advocates who appeared in this case:
Counsel for Petitioner(s): Prashant Shukla, Sr. Advocate
Counsel for Respondent(s): C.S.C., Pranav Mishra
