In a significant development, the Jammu and Kashmir High Court has quashed the orders pertaining to the seizure and takeover of madrasas in Kishtwar and Udhampur districts.
The orders, which were issued by the Additional Deputy Commissioner (ADC) Kishtwar on July 3, 2023, and Tehsildar Majalta Udhampur, faced challenge in the court through a Writ Petition filed under Article 226 of the Constitution of India.
The Writ Petition (WP(C) No./1885/2023) was filed by four petitioners, namely Raj Ali, Chairman of Madrasa Ruqiya Islamic Educational and Charitable Trust in Udhampur; Mohammad Shafi, Chairman of Ashraf-ul-Uloom Sadiqia Taleem Aur Rifahi Trust in Kishtwar; Mohammad Arshad Lone, Chairman of Madarsa Taleem-ul-Quran in Kishtwar; and Bashir Ahmed, Chairman of Madarsa Ishaat-ul-Quran Educational and Charitable Trust in Jammu.
The petitioners contested the orders issued on July 3, 2023, by the Additional Deputy Commissioner Kishtwar, wherein the management of the madrasas run by them was directed to be taken over and the buildings handed over to the District Administration through the concerned Tehsildar, as earlier reported on The Chenab Times. They raised two primary grounds for challenging the orders.
Firstly, the petitioners argued that the order dated June 14, 2023, passed by the Divisional Commissioner Jammu, which led to the seizure of madrasas, pertained solely to the Madarsas operated by Maulana Ali Miyan Educational Trust, Bathindi. They asserted that their respective educational trusts were entirely unrelated to the aforementioned trust and had no connection to any anti-national or anti-social activities.
Secondly, the petitioners contended that the impugned orders were in violation of the principles of natural justice as they were passed without granting them an opportunity to be heard or conducting any inquiry into the matter.
The Jammu and Kashmir High Court, presided over by Hon’ble Justice Sanjeev Kumar, heard the arguments presented by the petitioners’ counsel, Mr. Gagan Basotra, and the Senior Additional Advocate General, Ms. Monika Kohli, representing the respondents.
Upon examination of the material on record and the order passed by the Divisional Commissioner, Jammu, the court concluded that the order dated June 14, 2023, was specifically applicable to the madrasas operated by Maulana Ali Miyan Educational Trust, Bathindi. It noted that the Divisional Commissioner had not issued any orders pertaining to other madrasas being run by different educational charitable trusts, including those of the petitioners.
Justice Sanjeev Kumar held that the Additional Deputy Commissioner, Kishtwar, erred in applying the June 14th order to close down or seize the madrasas run by the petitioners’ trusts without substantial proof of their connection to the mentioned trust. The court emphasized that the impugned orders were passed without providing the petitioners an opportunity to be heard or conducting any inquiry.
Consequently, the High Court allowed the writ petition and quashed the orders of July 3, 2023, issued by the Additional Deputy Commissioner, Kishtwar, regarding the seizure of the madrasas run by the petitioners. The court further clarified that if any evidence of violation of the law comes to light during any investigation or inquiry, the respondents are free to initiate appropriate action. However, it reiterated that no adverse orders shall be passed against the petitioners without affording them due notice and a fair opportunity of hearing.
This landmark ruling by the Jammu and Kashmir High Court has brought relief to the petitioners and reaffirmed the importance of adherence to principles of natural justice and due process in matters involving educational institutions. The court’s decision marks a significant moment in the ongoing controversy surrounding the seizure of madrasas in Kishtwar and Udhampur.
Correction: The case registration number was updated from 885 to 1885 after 2 hours from publication.
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