HC Stays Order Allowing Reopening of Shopian Seminary
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Srinagar- The High Court of J&K and Ladakh has stayed the operation of an order passed by the Principal and Sessions Judge Shopian permitting the reopening of Darul Uloom Jamia Siraj-ul-Uloom, an institution declared unlawful under the Unlawful Activities (Prevention) Act (UAPA) earlier this year.
A Division Bench comprising Justice Sanjeev Kumar and Justice Mohd Yousuf Wani, while hearing a petition filed by the Union Territory of Jammu and Kashmir and others, however directed that students enrolled at the institution on the date of issuance of the impugned order shall not be disturbed.
The Bench issued notice to the respondents (seminary and another), represented by counsel who waived formal notice, and allowed them four weeks to file their objections. The case has been listed for further consideration on February 1.
The High Court clarified that the stay on the Shopian court’s order would remain operative until the next hearing, subject to the objections filed by the respondents.
In September this year, Principal and Sessions Judge Shopian had allowed the institution to reopen pending final adjudication, observing that the material presented by the government at the prima facie stage was inadequate to warrant the continued closure of the entire institution.
The court had also directed the government to constitute a three-member supervisory committee to monitor its functioning.
The institution’s counsel had argued that the prolonged closure was causing hardship to nearly 1,200 students, including around 400 residential boarders, besides affecting the upkeep of the institution’s property.
The institution was shut in April following an order issued by the Divisional Commissioner Kashmir, based on allegations of sustained and covert links between the seminary and the banned Jamaat-e-Islami.
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