Allahabad HC Stays EOW Inquiry Into 558 Madrasas Ordered by NHRC

The NHRC, acting on a complaint filed by one Mohammad Talha Ansari, issued three separate directions on February 28, April 23, and June 11 this year. The Commission directed the Director General of the EOW, Uttar Pradesh, to conduct an inquiry into alleged financial and other irregularities in the functioning of these madrasas and to submit an action taken report. The State government, acting on these directions, issued a government order on April 23 authorising a sweeping inquiry into all 558 aided madrasas.

Challenging these directions, the Teachers Association moved the high court, contending that the NHRC had acted beyond its statutory mandate.

Senior advocate Prashant Shukla, appearing for the petitioners, argued that Section 12 of the Protection of Human Rights Act, 1993, clearly enumerates the functions of the Commission and does not authorise such roving financial inquiries. He further pointed to Section 36(2) of the Act, which bars the NHRC from taking cognizance of any complaint after one year from the alleged violation of human rights. In this case, he submitted, the complaint neither specified any date of violation nor disclosed a concrete incident, rendering it legally infirm.

The complaint is vague and silent on material particulars. In the absence of a specific date of violation, it cannot be ascertained whether the complaint was filed within the statutory time limit of one year. Therefore, the NHRC’s directions lack jurisdiction, the petitioners argued.

The State, however, opposed the plea. The standing counsel submitted that the Commission had considered the matter in detail and found sufficient grounds to order an investigation. He maintained that the probe was necessary to address the allegations raised before the Commission.

After hearing both sides, the bench noted that the petition raised serious jurisdictional questions regarding the powers of the NHRC. It issued notices to the NHRC and the original complainant, making them returnable at an early date.

Court granted four weeks to the State and other respondents to file counter-affidavits, with an additional four weeks for the petitioners to file rejoinders. The matter will now be taken up on November 17, 2025.

Significantly, court stayed the effect and operation of all three NHRC orders as well as the subsequent government order until further orders. This stay effectively halts the ongoing EOW inquiry into aided madrasas in Uttar Pradesh.

Case Title: Teachers Association Madaris Arabia And 2 Others vs. National Human Rights Commission And 8 Others

Order Date: September 22, 2025

Bench: Justice Saral Srivastava and Justice Amitabh Kumar Rai