Jamiat Welcomes HC Stay on UP Govt’s Move to Seal Unrecognised Madrasas

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The High Court has upheld the fundamental rights of minorities enshrined in the Constitution of India, said Maulana Kaab Rashidi, legal advisor to the Jamiat

MORADABAD — The Jamiat Ulema-i-Hind on Thursday welcomed the Allahabad High Court’s decision to stay the Uttar Pradesh government’s order to seal unrecognised madrasas, calling it a major win for constitutional rights and minority education.

Speaking to IANS, Maulana Kaab Rashidi, legal advisor to the Jamiat, said the High Court’s ruling came as a relief to many Islamic institutions being targeted in recent years under what he called “unconstitutional pressure”.

“We have seen, especially in Uttar Pradesh and across several Indian states, that madrasas have been shut down without due process. The reason often cited is a lack of recognition. But in reality, only 10 per cent of these institutions ever received formal notices — the rest were forced to close based on verbal orders alone,” Rashidi told IANS.

He further said that under the leadership of Maulana Mahmood Asad Madani, the Jamiat had earlier announced free legal aid to madrasas facing arbitrary closure.

“Today, the High Court rejected the Uttar Pradesh government’s argument that recognition alone is enough to seal a madrasa. This is a significant and timely verdict,” he said.

Rashidi further pointed out that the Supreme Court had already intervened in a related case filed by the National Commission for Protection of Child Rights (NCPCR).

“On October 21, 2024, under the leadership of then Chief Justice of India D.Y. Chandrachud, the Supreme Court stayed all NCPCR-issued notices concerning madrasa closures. The Jamiat, under Maulana Arshad Madani, had taken this matter to the Supreme Court, and the stay order remains in effect.”

He added that even the Uttar Pradesh state government had acknowledged this directive, instructing that no further action be taken against such institutions while the case remains sub judice.

“Today’s High Court order clearly refers to the Supreme Court’s stay as well as the state government’s own advisory. It rightly notes that lack of recognition alone is not sufficient grounds to shut down a madrasa,” Rashidi added.

Calling the verdict a victory for justice and constitutional rights, he stated: “The High Court has today upheld the fundamental rights of minorities enshrined in the Constitution of India. This decision restores faith in the judiciary and safeguards educational freedom for future generations.” — IANS

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