LI Network
Published on: 31 July 2023 at 14:15 IST
The Court found that the sealing order lacked proper investigation or evidence to support the allegations against these institutions [Raj Ali and others Vs Union of India and others].
Justice Sanjeev Kumar issued the order after learning that the Madarsas were sealed without allowing their management to present their side of the story, which violated the principles of natural justice.
The ADC’s order had stated that the sealing was directed at institutions associated with the Maulana Ali Miyan Educational Trust, Bathindi, which was deemed anti-national and anti-social by the Divisional Commissioner, Jammu, on June 14, 2023.
However, it was revealed that the two Madarsas that were sealed had no connection to this Trust.
The Court further pointed out that the sealing order was issued without affording the Madarsas’ management an opportunity to present their case or conducting any inquiry.
Thus, the Court concluded that the ADC lacked sufficient evidence to apply the divisional commissioner’s order and shut down or take over the two Madarsas in question.
Consequently, the Court quashed the sealing order in regard to these two Madarsas, stating that the Divisional Commissioner’s order only applied to the Madarsas operated by the Maulana Ali Miyan Educational Trust, Bathindi, and couldn’t be universally applied to all legitimate Madarsas in Jammu and Kashmir.
However, the Court clarified that if authorities discover, through investigation or inquiry, that the concerned Madarsas are indeed operating unlawfully, necessary action can be taken against them.
Nevertheless, the Court emphasized that any adverse orders against the petitioners should only be issued after providing them with notice and an adequate opportunity to present their case.
The legal representation for the Madarsas’ operators was led by Senior advocate Gagan Basotra, with support from advocates Sahil Gupta and Nadeem Bhat. Senior Additional Advocate General Monika Kohli represented the Central government and other authorities.