Bihar High Court’s judgment on the Financial scam involving Madarasas

1. Madarasas in Bihar get Government grant based on a forged letter from an official

An individual named Mohammad Alauddin Bismil has filed a Public Interest Litigation (PIL) in the Bihar High Court regarding a scam in the Government’s grants to madarasas in Bihar.

It states that the Government has been providing grants to an estimated 2,459 madarasas since 2013. The institutions which are affiliated to the Education Department of the Government of Bihar under the Bihar State Madarasa Education Board Act get this grant. Apart from this, madarasas are being run by many organisations which are not affiliated to any Government Department. The High Court observed that a fake order was passed by issuing a letter in the name of an official of the Education Department on giving grants to 88 such educational institutions. All these madarasas are in Sitamarhi District. The High Court then directed the State Government to appoint a 3-member Inquiry Committee. The Committee later reported that 88 madarasas are beneficiaries of the Government grant.

2. High Court orders inquiry into 609 madarasas in Bihar

The High Court then ordered the appointment of another 3-member Committee to investigate 609 madarasas and submit a report. In this period, the Government registered criminal cases against some madarasa officials to show that investigations were carried out. The High Court asked the Bihar Government for replies to many questions such as – What progress has been made in the criminal offenses reported by the Government ? Was the crime investigated ? What has happened to the information gathered through witnesses ? The Honourable Court has also directed the Bihar Government to investigate all madarasas which were given grants by issuing fake orders.

3. Reluctance of the Government to submit the inquiry report to the Court

After this Court order, there was no report for the Year 2022. Bihar Education Department’s Additional Chief Secretary, Deepak Kumar Singh appointed a 3-member Committee and started an inquiry into 609 madarasas in the State. A meeting was held between the District Magistrate and Education Officer for this purpose. This report was also expected to reach the Court; however, it did not.

4. High Court observations on the Bihar Government

After realising the seriousness of the matter, the Court said, ‘According to the petitioner, an order will have to be issued to initiate investigation into all 2,469 madarasas in Bihar. Such a waste of taxpayer’s hard-earned money is not appropriate. Therefore, the Chief Education Secretary (Additional) should submit the affidavit himself within 4 weeks. On 17.9.2019, he had appointed an Inquiry Committee of 3 members. ‘Is the investigation complete ? Has any action been initiated against the culprits ? Has a criminal case been registered against people who manage madarasas ? Has this issue been followed up in the Lower Courts ? What is the status of madarasas which are not affiliated to the Bihar State or Central Governments ?’ All this information has been sought by the Court through an affidavit.

The Court has directed the State Government not to hold back from taking action against the culprits just because the PIL is going on; so also, not to let the students suffer just because of the inquiry. The Court has asked the administration to admit the students to Government schools. ‘Why is the Government ashamed to submit the inquiry report before the Court?’, the High Court has demanded to know.

5. Madarasas across India must be investigated

This subject is not limited to Bihar. In many States such as Assam and Uttar Pradesh, madarasas are cheating the Government. Madarasas do not teach anything about inculcating patriotism in the students. On the contrary, it has come to light that many terrorists involved in bomb blasts at many places in the past were educated in madarasas. Therefore, what is wrong if the tax payers and Hindus think that such madarasas across India should be investigated ?

Why does the Court have to order the administration every time to take action against them ? Why spend huge amounts on such an inactive administration ? These questions do arise in the minds of common citizens.

– H.H. (Adv.) Suresh Kulkarni, Bombay High Court (29.1.2023)

It has come to light that terrorists involved in bomb blasts at many places in the past were educated in madarasas !