Jammu & Kashmir High Court quashes government order sealing Madarsas in violation of principles of Natural Justice

The High Court of Jammu and Kashmir and Ladakh recently quashed an order issued by the Additional Deputy Commissioner (ADC), Kishtwar to seal two Madarsas on finding that the sealing order was issued without any proper enquiry or proof of the allegations made against them. [Raj Ali and others Vs Union of India and others].Justice Sanjeev Kumar passed the order after being told that the decision to seal these Madarsas was taken without giving any opportunity to the management to explain its position and in violation of the principles of natural justice. The Court was told that the ADC order had indicated that the sealing order was against institutions tied to the Maulana Ali Miyan Educational Trust, Bathindi, whose management was held to be anti-national and anti-social in an order passed by the Divisional Commissioner, Jammu on June 14, 2023.However, the two Madarsas sealed were contended to be in no way connected to this Trust..The Court was further informed that the sealing order was passed without giving an opportunity of hearing to the management of the Madarsas and without holding any enquiry into the matter..The Court, in turn, opined that the ADC was not correct in applying the order of divisional commissioner to close down or take over the Madarsas in question unless he had substantial proof that these Madarsas were connected to the Maulana Ali Miyan Educational Trust..The Court, therefore, quashed the sealing order in so far as it related to these two Madarsas.“The order of the Divisional Commissioner, Jammu dated 14.06.2023 is applicable only to the Madarsas run by Maulana Ali Miyan Educational Trust, Bathindi and cannot be universally applied to all the Madarsas being run legitimately in the UT of Jammu and Kashmir,” the Court observed..The Court, however, clarified that the authorities are free to take necessary action if it comes to their notice, through inquiry or an investigation, that the Madarsas in question were operating in violation of the law."But it is reiterated that no order adverse to the interest of the petitioners shall be passed without putting them to notice and providing them adequate opportunity of hearing", the order added..Senior advocate Gagan Basotra with advocates Sahil Gupta and Nadeem Bhat appeared for the persons running the Madarsas. Senior Additional Advocate General Monika Kohli appeared for the Central government and other authorities..[Read Order]