Vishwa Hindu Parishad President and Senior Advocate Alok Kumar has expressed worries about recent remarks by Justice Atul Sreedharan of the Allahabad High Court, emphasizing the need for judicial restraint to maintain balance within institutions. The issue arose from a case involving the Teachers Association Madaris Arabia and the National Human Rights Commission, where the commission had initiated an inquiry into alleged financial irregularities and infrastructure deficiencies in numerous madrassas across Uttar Pradesh. During the proceedings, Justice Sreedharan suggested that the commission had overstepped its authority by involving the Economic Offences Wing in matters he believed did not directly pertain to human rights.
Justice Sreedharan’s comments extended beyond legal considerations to include alleged inaction by the commission concerning incidents of lynching and vigilante violence against the Muslim community. These statements led to a rare public disagreement on the bench, with Justice Vivek Saran formally dissenting from his colleague’s views. Alok Kumar criticized the judge’s remarks as factually inaccurate and potentially detrimental to communal harmony, noting that they were made without input from either party, as the petitioners had sought a postponement and the commission had not been formally notified.
Kumar stressed the importance of condemning acts of lynching and lawlessness universally, irrespective of the religious affiliations of those involved. He highlighted the inappropriate nature of suggesting that such issues target a specific community without factual basis, emphasizing the need for high judicial officials to exercise restraint and focus legal proceedings on the law rather than personal opinions that could sow discord. The disagreement within the bench underscores a significant debate on the boundaries of judicial commentary, with the matter likely to be referred to the Chief Justice for further guidance.
