Sr. Advocate President Vishwa Hindu Parishad on the remarks made by Justice Atul Sreedharan, Allahabad High Court in the Madarasa matter JUDICIAL RESTRAINT ESSENTIAL TO MAINTAIN INSTITUTIONAL BALANCE
Press Statement of Sh. Alok Kumar,
Sr. Advocate President Vishwa Hindu Parishad on the remarks made by Justice Atul Sreedharan, Allahabad High Court in the Madarasa matter JUDICIAL RESTRAINT ESSENTIAL TO MAINTAIN INSTITUTIONAL BALANCE
1. I am surprised by reading the order dated 27.04.2026 passed by Justice Sh. Atul Sreedharan of Allahabad High Court in the case filed by Teachers Association Madaries Arabia against the National Human Rights Commission (NHRC).
2.The challenge before the High Court was to an order passed by NHRC directing the DG Economic Offences Wing (EOW), Govt. of UP to look into the allegations including of financial mis-management in Madarasas and file an action taken report (ATR).
3.The Counsel for Petitioner had requested for an adjournment as the arguing Counsel was not available. None was present for the NHRC as it was a new case and no notice has been served upon NHRC.
4.The adjournment was granted.
5.However, Justice Sh. Atul Sreedharan in the absence of the Counsel for the parties and without any arguments expressed his prima facie opinion that the Order was beyond the jurisdiction of NHRC. Be that as it may.
6.The Hon’ble Judge thereafter went on a tirade against NHRC. The Hon’ble Judge alleged that NHRC has never taken cognizance “in which members of the muslim community are attacked and at times lynched in some cases…. The Court is not aware of the NHRC taking suo-moto cognizance in situations where vigilantes take the law in their own hands and harass the ordinary citizens of the country…”
7.The remarks of the Hon’ble Judge were so out of place that Justice Sh. Vivek Saran, the other judge on the bench dissented. He expressed his disagreement and observed that he differed “from the order as has been dictated by brother Justice Atul Sreedharan”.
8.We do feel that the lynching of any person irrespective of his religion is condemnable, unlawful and punishable. We further feel that the persons who indulge in offences should face the consequences irrespective of the religion they belong to. Criminals do not belong to any religion and their acts are against the civil Society as a whole.
9.Therefore, in the present matter it is inappropriate to take a position that such things are happening against the adherents of a particular religion. The remarks are factually wrong and have a potential to create disharmony between the major communities of Bharat.
10.The restraint is all the more required from persons holding high Constitutional Offices. - Alok Kumar, Sr. Advocate & President Vishwa Hindu Parishad 29.04.2025
Video Statment : https://youtu.be/VMBGTZfxMt4?si=eTKZ2yN2h2AwOVX_