A Government Order (GO) was quashed by the Jammu and Kashmir High Court which granted the government permission to take over a few madrasas in Kishtwar District. The high court cited reasons that an official order issued last year cannot be universally applied to all such institutions in the Union Territory (UT).
A three-paged order was passed last week by Justice Sanjeev Kumar after hearing a petition that challenged a July 3 order of the Kishtwar additional deputy commissioner, that directed the management of Charitable Educational Trust to immediately hand over the possession of their madrassas (Islamic seminaries) to the administration.
The petitioners said that the order was violative in nature as they were not being heeded. They further stated that the trust has no links 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 last year, for misusing funds received from foreign NGOs.
The government lawyer also stated that the madrasas being operated by these petitioners are different from those of the Maulana Ali Miyan Educational Trust. He also submitted that an investigation is ongoing into the illegal funding of these seminaries and the respondents are free to initiate action against such institutions if they are to be found involved in malicious activities and cannot explain their source of funding.
The court said that if in any case, it comes to the notice of the government regarding any activities that are taking place and are in violation of the law, it is free to initiate appropriate action after notifying and providing an adequate opportunity for hearing.
