Allahabad High Court Stays NHRC Order Directing Economic Offences Wing Probe Into 558 Aided Madrasas In UP

The Allahabad High Court, on Monday, stayed the order of the National Human Rights Commission, New Delhi directing the Director General, Economic Offence Wing, U.P. Lucknow to inquire into the allegations made against 558 aided Madrasas in the State of UP.

Petitioners, including Teachers Association Madaris Arabia, challenged the orders passed by NHRC based on a complaint filed by one Mohammad Talha Ansari, on grounds that the Commission is not empowered to order inquiry into matters of alleged human rights violation after expiry of 1 year from the date of the alleged incident. They relied on Section 36(2) of the Protection of Human Rights Act, 1993 which states that

The Commission or the State Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

Further, relying on Section 12(a) of the Act, it was argued that none of the stipulations for initiating inquiry under the provision were met. It has been argued that no specifics (date and time) of the alleged incident was mentioned in the complaint, making it vague. It was argued that in absence of date, it could not be ascertained as whether the NHRC had jurisdiction to entertain the complaint.

Standing Counsel pleaded that investigation was necessary in the case.

The bench of Justice Saral Srivastava and Justice Amitabh Kumar Rai has directed issued notices to respondents and directed them to file counter affidavits and also directed that

“Until further orders of this Court, the effect and operation of the orders dated 28.2.2025, 23.4.2025 and 11.6.2025 passed by respondent No. 1/National Human Rights Commission, New Delhi in Case/File No. 1398/24/0/2025 shall remain stayed.”

The matter has been directed to be listed on 17^th November 2025.

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