IN THE SUPREME COURT OF INDIA

(MENTIONING BRANCH)

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION CRL NO. 8177 OF 2022
IN THE MATTER OF:

MD. IMAD UDDIN BARBHUIYA & ORS. ……PETITIONERS

VERSUS

STATE OF ASSAM & ORS. ……RESPONDENTS

AN APPLICSTION FOR URGENT LISTING

TO
The Hon’ble chief justice of India and
His Companion Justices of
The Hon’ble Supreme Court of India

The humble application of

The Petitioner-applicants above
named
MOST RESPECTFULLY SHOWETH
1. The above-mentioned Special Leave Petition (Civil) under Article 136 of the Constitution of
India has been filed against the impugned Judgment and Order dated 04.02.2022 by the
Hon’ble High Court of Gauhati in W.P (Civil) No. 3038 of 2021 wherein the Hon’ble High
court upheld the validity of the Assam Madrassa Education (Provincialization) Act, 1995
(hereinafter referred to as the Act, 1995) repealed by the Act of 2020. including the
Government Notification dated 12.02.2021. The Hon’ble High Court stated that the
Petitioner Madrassas being government schools and wholly maintained by the State through
Provincialisation are hit by Article 28(1) of the Constitution of India and hence can’t be
 permitted to impart religious instructions. The Petitioner Madrassas challenged the
impugned order of the High Court through a Special Leave Petition which is pending before
the Hon’ble Supreme Court of India for adjudication.

2. Thereafter, the Repealing Act of 2020 abrogated their ownership along with diluting the
Statutory recognition of Madrsaa Education thereby depriving the Petitioners of their
Fundamental Right of Article 30(1)(A) enshrined in the Constitution. It is pertinent to
mention that the Notification dated 12.02.2021 issued by the Governor disbands the ‘Assam
State Madrasa Board established in 1954 arbitrarily rendering thousands of students
doubtful about their future possibilities and employment opportunities. Furthermore,
encroachment of the property rights has greatly affected the Petitioners as the operation of
the impugned Judgment and order will also prevent them from admitting students in the
upcoming years.

3. The impugned order of the High Court will shut down more than 700 state-run madrasas
affecting 98,000 students, of whom nearly half are girls, according to figures from the State
Madrassa Education Board (SMEB). The literacy rate (61.92 per cent) and percentage of
students who complete matriculation or 10th board (2.8 per cent) are the lowest among
Muslims in Assam, as per 2011 Census data. Knowing that the majority of the Muslim
community in Assam as elsewhere in India belong to the marginalised sections, Private
Madrssas are affordable for them to pursue their education and holistic development.
Significantly, the Sachhar Committee Report recommends the inclusive Development and
the ‘mainstreaming’ of the community where Madrassas can play a complementary role in
imparting education within the Muslim Community. Recently a 2020 Study on the education
of female Muslims in the Nagaon district of Assam found that the mother’s education had a
significant effect on fertility and the overall development of a family.

4. That the Property being taken away be returned to the Petitioner. The education of the
students belonging to the most marginalized communities should not be affected during the
pendency of the Petition. The Madrassas were established by the Minority Community
themselves, they only received state protection later. The State Government didn’t provide
any detailed report or substantive reasons for the removal of support, such an abrupt
removal will possibly hinder the future prospects of Minority Institutions and the
communities dependent on them.

5. Hence it is prayed that the present Special Leave Petition may be listed for urgent
hearing, so it may also be disposed of at the earliest.

PRAYER
In the above circumstances, it is prayed that this hon’ble court may be pleased to:
i. List the Special Leave Petition CRL. NO.7388 OF2023 before this Hon’ble Supreme
Court urgently: and
ii. Pass such order or any other orders as this hon’ble court deem fit and proper in the
facts and circumstances of the case.
 AND FOR THS ACT OF KINDNESS, THE APPLICANTS AS IN DUTY, BOUND SHALL EVERY
PRAY.

FILLED BY

ADEEL AHMED
ADVOCATE FOR THE
Petitioner/Applicant
NEW DELHI
DATE: 16/09/2023