The Allahabad High Court has issued notice to the National Human Rights Commission (NHRC) for allegedly exceeding its statutory mandate by directing the Economic Offences Wing (EOW), Uttar Pradesh, to investigate complaints against 558 aided madrasas in the State.
The Division Bench of Justice Atul Sreedharan and Justice Vivek Saran observed that the Commission had prima facie acted beyond the scope of its powers under the Protection of Human Rights Act, 1993.
The Bench questioned the selective exercise of jurisdiction by the NHRC, noting the absence of suo motu cognisance in serious instances of mob violence, vigilante action, and alleged lynching incidents involving members of the Muslim community.
Noting that human rights bodies were engaging in matters that did not disclose any prima facie violation of fundamental or human rights, the High Court observed that such commissions were not adjudicatory tribunals and lacked the authority to conduct trials or issue binding investigative directions beyond their statutory remit.
Their role was limited to recommendatory functions, initiating proceedings before competent judicial forums, or facilitating the registration of FIRs where a cognisable human rights violation is made out.
The Bench made these observations in a writ petition under filed under Article 226 of the Constitution of India by the Teachers Association Madaris Arabia, challenging the NHRC’s February 2025 order directing an inquiry into alleged financial and administrative irregularities in aided madrasas.
The complaint before the NHRC alleged collusion between madrasa authorities and officials of the Minority Welfare Department, including misappropriation of public funds and irregular appointments of unqualified teaching staff through bribery and illegal gratification.
The petitioners contended that the NHRC lacked jurisdiction, particularly in view of the statutory limitation under the 1993 Act, which barred inquiry into matters beyond one year from the date of the alleged incident. The High Court had earlier granted an interim stay on the impugned order.
On a prima facie evaluation, the Bench held that the complaint did not disclose any direct human rights violation warranting NHRC intervention. It noted that such disputes could be more appropriately addressed through judicial review proceedings before the High Court, including by way of Public Interest Litigation.
The interim stay has been extended by the High Court for final hearing on May 11, 2026, along with connected cases.
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