A Division Bench of the Allahabad High Court has witnessed a split in judicial opinion in a writ petition concerning action initiated by the National Human Rights Commission (NHRC) over alleged irregularities in madrasa functioning in Uttar Pradesh, with one judge cautioning against making adverse observations without hearing all affected parties.
Justice Vivek Saran, in a separate opinion, disagreed with portions of the order dictated by Justice Atul Sreedharan, particularly the observations made in paragraphs 6 and 7 concerning the role and functioning of the NHRC. He emphasised that when an order touches upon the merits of the case or comments on a statutory body like the NHRC, it is imperative that all parties concerned be heard. In the absence of such representation, no adverse remarks ought to be made.
The divergence arose in the backdrop of an adjournment sought by the petitioner. While Justice Sreedharan had, in his order, expressed prima facie concerns regarding the NHRC entertaining complaints that may not strictly fall within the ambit of “human rights” as defined under the Protection of Human Rights Act, 1993, Justice Saran refrained from endorsing those observations.
Justice Sreedharan had also questioned whether the NHRC could direct executive authorities to act in matters not involving clear human rights violations and observed that such issues could be more appropriately addressed under the High Court’s writ jurisdiction. He further directed issuance of notice to the NHRC and continuation of interim relief.
However, Justice Saran concurred only with the grant of adjournment and expressly dissented from the substantive observations made in the earlier order. The matter is now expected to proceed with participation from all parties, including the NHRC, before any conclusive findings are recorded.
Appearances:
For the Petitioners: Mr. Hritudhwaj Pratap Sahi, Mr. Mohammad Ali Ausaf, Mr. Prashant Shukla, Senior Advocate
For the Respondents: State: Learned Chief Standing Counsel (C.S.C.)
Other Respondents: Mr. Pranav Mishra, Mr. Satyam Singh
