Jammu and Kashmir HC quashes authorities order to take over madrassas in Kishtwar 

By PTI

JAMMU: Jammu and Kashmir High Court has quashed a authorities order to take over some madrassas in Kishtwar district, saying an official order issued final yr can’t be universally utilized to all such establishments within the Union Territory.

Justice Sanjeev Kumar handed a three-page order final week after listening to a petition that challenged a July 3 order of the Kishtwar extra deputy commissioner, directing the administration of Charitable Educational Trust to right away hand over the possession of their madrassas (Islamic seminaries) to the administration.

The petitioners knowledgeable the courtroom that the impugned order was violative of the rules of pure justice as no alternative of being heard was given to them.

Besides, the belief has no hyperlinks with the Maulana Ali Miyan Educational Trust, Bathindi, the functioning of which was taken over on the orders of the Jammu divisional commissioner on June 14 final yr for misusing funds obtained from overseas NGOs, they mentioned.

The authorities lawyer confirmed that the madrassas run by the petitioners are totally different from these of the Maulana Ali Miyan Educational Trust.

However, he submitted that an investigation into unlawful funding of those seminaries is an ongoing train and the respondents are free to provoke motion towards any such madrassas discovered concerned in anti-national or anti-social actions and in addition these not able to elucidate the supply of their funding.

“In view of the above, this petition is allowed by holding that the order of the divisional commissioner, Jammu, is applicable only to the madrassas run by the Maulana Ali Miyan Educational Trust and cannot be universally applied to all madrasas being run legitimately in the UT of Jammu and Kashmir,” the courtroom mentioned, quashing the impugned order of the Kishtwar extra deputy commissioner.

The courtroom additionally made it clear that in case it involves the discover of the federal government throughout any investigation that the madrassas being run by the petitioners or others are working in violation of the legislation, it’s free to provoke acceptable motion after notifying and offering an sufficient alternative for a listening to.

JAMMU: Jammu and Kashmir High Court has quashed a authorities order to take over some madrassas in Kishtwar district, saying an official order issued final yr can’t be universally utilized to all such establishments within the Union Territory.

Justice Sanjeev Kumar handed a three-page order final week after listening to a petition that challenged a July 3 order of the Kishtwar extra deputy commissioner, directing the administration of Charitable Educational Trust to right away hand over the possession of their madrassas (Islamic seminaries) to the administration.

The petitioners knowledgeable the courtroom that the impugned order was violative of the rules of pure justice as no alternative of being heard was given to them.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

Besides, the belief has no hyperlinks with the Maulana Ali Miyan Educational Trust, Bathindi, the functioning of which was taken over on the orders of the Jammu divisional commissioner on June 14 final yr for misusing funds obtained from overseas NGOs, they mentioned.

The authorities lawyer confirmed that the madrassas run by the petitioners are totally different from these of the Maulana Ali Miyan Educational Trust.

However, he submitted that an investigation into unlawful funding of those seminaries is an ongoing train and the respondents are free to provoke motion towards any such madrassas discovered concerned in anti-national or anti-social actions and in addition these not able to elucidate the supply of their funding.

“In view of the above, this petition is allowed by holding that the order of the divisional commissioner, Jammu, is applicable only to the madrassas run by the Maulana Ali Miyan Educational Trust and cannot be universally applied to all madrasas being run legitimately in the UT of Jammu and Kashmir,” the courtroom mentioned, quashing the impugned order of the Kishtwar extra deputy commissioner.

The courtroom additionally made it clear that in case it involves the discover of the federal government throughout any investigation that the madrassas being run by the petitioners or others are working in violation of the legislation, it’s free to provoke acceptable motion after notifying and offering an sufficient alternative for a listening to.