The Allahabad High Court on Friday stayed all coercive measures, including demolition, against more than two dozen madrasas located in Shravasti district of Uttar Pradesh. The court also directed the state government to file its response by July 3.
The interim relief was granted by Justice Jaspreet Singh of the Lucknow bench in response to petitions filed by Madrasa Moinul Islam Qasmiya Samiti and 26 other individual madrasas operating in the region.
Background
The court’s intervention comes in the wake of a state-led drive targeting allegedly illegal encroachments and unrecognised religious institutions, particularly in districts bordering Nepal. In May, a madrasa in Bhagwanpur Bhaisahi village of Shravasti was demolished and two others sealed as part of this campaign. The campaign is also active in Balrampur, Bahraich, Maharajganj, and Lakhimpur Kheri.
The petitioners have challenged state-issued notices that they claim seek to restrict their ability to impart religious education. The madrasas contend that these notices were never properly served and were issued without due application of mind.
Arguments
Representing the petitioners, advocates Nipendra Singh, Aviral Raj Singh, Ali Moid, and Mohd Yasir argued that the notices lacked specificity and procedural fairness. They submitted that the notices failed to inform the madrasas of the exact charges against them, making it impossible to file an effective response.
The state government, represented by Standing Counsel Upendra Singh, sought two weeks’ time to obtain necessary instructions. However, the court noted that despite its earlier order, the state had not produced the relevant records.
Court’s Observations and Order
Granting time to the state to respond, the court made it clear that no coercive steps, including demolition or administrative action, shall be taken against the petitioner madrasas until the next hearing. The court observed:
“It is now equally well settled that where any notice in the nature of a show cause is issued, it must be issued with sufficient particularity so that the noticee can respond specifically and can know what charge is to be replied.”
This is the second instance of judicial relief for madrasas in Shravasti in recent weeks. On May 14, the High Court had passed a similar order in a matter involving Maktab Anwarul Uloom, another madrasa in the same district.
The matter is scheduled for further hearing on July 3, 2025, when the state is expected to submit its response.
