Allahabad High Court Stays NHRC's Order Directing Economic Offences Wing To Probe Into 558 Aided Madrasas In State
The Court was considering a Writ Petition filed by Teacher's Association against the order passed by NHRC whereby the said a direction was issued to Economic Offences Wing.
The Division Bench of the Allahabad High Court has stayed the order of the National Human Rights Commission directing the Economic Offence Wing to inquire into the allegations made against 558 aided Madrasas in the State of Uttar Pradesh.
The Court was considering a Writ Petition filed by Teacher's Association against an order passed by NHRC whereby a direction was issued to the Economic Offences Wing to inquire into the allegations made by one of the Respondents in his complaint and to further submit an action taken report.
The Division Bench of Justice Saral Srivastava and Justice Amitabh Kumar Rai observed, "On the strength of the aforesaid provisions, it is argued that under Section 12-A, the Commission may inquire suo motu, or on a petition presented by a victim or any person on his behalf, or on the basis of any direction or order of any Court. However, in the present case, none of the conditions stipulated under Section 12-A are attracted. It is further urged that 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. Hence, it is submitted that the entire exercise undertaken by respondent No. 1 is without jurisdiction."
The Petitioner was represented by Senior Advocate Prashant Shukla, while the Respondent was represented by C.S.C.
Counsel for the Petitioners had contended that under Section 12 of the Protection of Human Rights Act, 1993, the functions of the Commission are specifically enumerated. It was further submitted that Section 36(2) of the Act clearly provides that the Commission 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.
Standing Counsel, on the other hand, submitted that the Commission has given elaborate reasons in holding that an investigation in the matter is necessary.
Noting that the matter requires consideration, the Court listed it for November 17, 2025.
Cause Title: Teachers Association Madaris Arabia And 2 Others vs. National Human Rights Commission And 8 Others
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