Recently, the High Court of Jammu and Kashmir and Ladakh delivered a significant verdict by invalidating the order issued by the Additional Deputy Commissioner (ADC) of Kishtwar to seal two seminaries (Madarasa).
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High Court of Jammu and Kashmir and Ladakh Overturns Sealing Order
The High Court of Jammu and Kashmir and Ladakh lately made a significant judgment that has garnered attention for its impact on the principles of natural justice and the fair treatment of religious institutions. In the case named” Raj Ali and others Vs Union of India and others,” the court capsized an order issued by the fresh Deputy Commissioner( ADC) of Kishtwar, which aimed to seal two seminaries( Madarasas).
The court set up that the ADC’s decision demanded a proper inquiry and sufficient substantiation to support the allegations made against the seminaries. The sealing order was issued without granting the operation of the seminaries an occasion to present their side of the case, a clear violation of the principles of natural justice. The ADC’s order linked the sealed Madarsas to the Maulana Ali Miyan Educational Trust, Bathindi, which was preliminarily labeled anti-national and anti-social by the Divisional Commissioner, Jammu, on June 14, 2023.
Still, it was latterly clarified that the two seminaries in question had no connection to the mentioned Trust. The Court observed that the sealing order was passed without conducting a fair hail or initiating any inquiry into the matter.
As a consequence, the Court ruled that the ADC’s operation of the Divisional Commissioner’s order to close down or take over the seminaries wasn’t justified unless there was substantial evidence of their association with the Maulana Ali Miyan Educational Trust.
The court quashed the sealing order related to the two seminaries, emphasizing that the Divisional Commissioner’s order from June 14, 2023, should only be applicable to the seminaries operated by the Maulana Ali Miyan Educational Trust in Bathindi and shouldn’t be widely applied to all licit seminaries in the Union Territory of Jammu and Kashmir.
The Court, still, made it clear that if any seminaries are set up to be operating in violation of the law, authorities are free to take applicable action after conducting a thorough inquiry or disquisition. nonetheless, the Court reiterated that no adverse orders against the interests of the leaders should be passed without granting them proper notice and an acceptable occasion for a fair hail.
Principles of Natural Justice Violated in Sealing Decision
Throughout the legal proceedings, the individualities running the seminaries were represented by elderly advocate Gagan Basotra, along with lawyers Sahil Gupta and Nadeem Bhat. On the other hand, elderly fresh Advocate General Monika Kohli appeared on behalf of the Central government and other authorities involved in the case.
The court’s verdict has brought immense relief to the operation of the two seminaries, as it upholds the principles of natural justice and emphasizes the significance of fair sounds before making similar significant opinions. This case serves as a memorial of the significance of conducting thorough inquiries and icing proper substantiation before taking conduct that can have far- reaching consequences.
One of the crucial takeaways from this ruling is the significance of a transparent and responsible legal system, where opinions are made grounded on objective substantiation and without prejudice or bias. The court’s decision ensures that licit institutions aren’t unjustly punished grounded on unsupported allegations or hasty conclusions. also, the case of” Raj Ali and others Vs Union of India and others” underscores the significance of securing the rights of individualities and institutions, particularly in matters involving religious institutions like seminaries.
Upholding Fundamental Rights in Kishtwar
Upholding the principles of natural justice and icing fair sounds are pivotal way in maintaining
the rule of law and guarding the rights of all citizens in the Union Territory of Jammu and Kashmir.
The court’s judgment can serve as a precedent for analogous cases in the region, emphasizing the need for a scrupulous and just approach when dealing with matters that impact the livelihood and character of individualities and institutions. By upholding the values of justice and fairness, the High Court of Jammu and Kashmir and Ladakh has contributed to the strengthening of the region’s legal system and the protection of the abecedarian rights of its people.
This corner ruling has also stressed the significance of conserving the autonomy and integrity of religiousinstitutions. By icing that conduct are grounded on believable substantiation and fair sounds, the court has transferred a important communication about the significance of upholding abecedarian rights in the region.