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| High court directs prior show cause notice before acting against Madrassa | | | Early Times Report
Jammu, July 5: In response to a petition challenging an order by the Divisional Commissioner, Justice Rahul Bharti of the Jammu & Kashmir and Ladakh High Court’s Jammu Wing directed the respondents not to take any action against the madrassa operated by petitioner no. 1 without providing a prior show cause notice and an opportunity to respond before passing any reasoned order. The impugned orders pertaining to petitioner nos. 2 and 3, which resulted in the takeover of their respective madrassas, shall remain suspended, subject to objections from the other side.
The writ petition highlights that the respective madrassas operated by the petitioners have been subjected to adverse actions based on a single order issued by the Divisional Commissioner, Jammu.
The petitioners argue that they have no association or connection with the Maulana Ali Miyan Nadwi Education Charitable Trust (MAMNECT), Bathindi, Jammu, and therefore, their madrassas should not be treated in the same manner as that trust.
Senior Advocate Gagan Basotra, representing the petitioners, refers to an order dated June 14, 2023 (no. 301/FCRA/2023/696-714) issued by the Divisional Commissioner, Jammu, which directed the takeover of the madrassas operated by the Maulana Ali Miyan Nadwi Education Charitable Trust (MAMNECT), Bathindi, Jammu. However, the petitioners argue that this order does not apply to their respective madrassas.
Basotra further informs the court about subsequent orders from the District Magistrate of Doda and the Sub Divisional Magistrate of Mahore, which appointed administrators for the madrassas operated by petitioner no. 2 and took over the management of the madrassa of petitioner no. 3, respectively. Petitioner no. 1 anticipates facing a similar situation based on the Divisional Commissioner’s aforementioned order.
After considering the arguments of the petitioners’ counsel, Justice Rahul Bharti observes that the communications issued by the officers rely on the order of the Divisional Commissioner, Jammu.
However, a careful examination of the order dated June 14, 2023 (no. 301/FCRA/2023/696-714) reveals that it specifically pertains to the Maulana Ali Miyan Nadwi Education Charitable Trust (MAMNECT), Bathindi, Jammu, and does not authorize the Deputy Commissioners of the districts to take over madrassas operated by other trusts.
The court concludes that a prima facie case is established and issues a notice to the respondents. |
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