PRAYAGRAJ: The Allahabad high court has stayed an inquiry by the economic offences wing (EOW) of Uttar Pradesh Police against 558 govt-aided madrassas in the state.
The probe was being conducted in compliance with directions issued by National Human Rights Commission (NHRC) to the EOW director general on a complaint submitted by one Mohd Talha Ansari about illegal recruitments , forged appointments and misuse of funds in a large number of madrassas, especially during the Covid-19 period.
Writ petitions were filed in HC by associations of madrassa managers and teachers, seeking quashing of the NHRC directives, issued this year on Feb 28, April 23 and June 11, and the consequent govt order dated April 23.
A division bench comprising Justice Saral Srivastava and Justice Amitabh Kumar Rai, while staying the orders on Sept 22, issued notices to NHRC and the complainant, and posted the matter for Nov 17. The court directed the respondents to file their reply within four weeks.
The petitioners submitted before the court that under Section 12 of the Protection of Human Rights Act, 1993, functions of the NHRC are specifically enumerated - it may inquire suo motu, or on a petition presented by a victim or any person on his/her behalf, or on the basis of a court direction/order. However, in the present case, none of the conditions were met. It was further said Section 36(2) of the Act clearly states NHRC 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 is said to have been committed.
The petitioners said the complaint is silent regarding the date of the alleged act constituting violation of human rights, 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. NHRC had directed a criminal and financial probe with focus on the alleged illegal appointment of 308 teachers and fraudulent use of madrassa and mosque land grants.
The probe was being conducted in compliance with directions issued by National Human Rights Commission (NHRC) to the EOW director general on a complaint submitted by one Mohd Talha Ansari about illegal recruitments , forged appointments and misuse of funds in a large number of madrassas, especially during the Covid-19 period.
Writ petitions were filed in HC by associations of madrassa managers and teachers, seeking quashing of the NHRC directives, issued this year on Feb 28, April 23 and June 11, and the consequent govt order dated April 23.
A division bench comprising Justice Saral Srivastava and Justice Amitabh Kumar Rai, while staying the orders on Sept 22, issued notices to NHRC and the complainant, and posted the matter for Nov 17. The court directed the respondents to file their reply within four weeks.
The petitioners submitted before the court that under Section 12 of the Protection of Human Rights Act, 1993, functions of the NHRC are specifically enumerated - it may inquire suo motu, or on a petition presented by a victim or any person on his/her behalf, or on the basis of a court direction/order. However, in the present case, none of the conditions were met. It was further said Section 36(2) of the Act clearly states NHRC 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 is said to have been committed.
The petitioners said the complaint is silent regarding the date of the alleged act constituting violation of human rights, 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. NHRC had directed a criminal and financial probe with focus on the alleged illegal appointment of 308 teachers and fraudulent use of madrassa and mosque land grants.
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