New Delhi, Oct 16 The Maharashtra government on Wednesday urged the Supreme Court not to entertain the petition of fugitive radical preacher Zakir Naik seeking the clubbing of multiple FIRs registered against him in the past over his inflammatory speech.
"A person who is declared a fugitive by the court of law, how can he maintain an Article 32 petition?" Solicitor General Tushar Mehta submitted before a bench headed by Justice Abhay S Oka.
Mehta said that Zakir Naik, a fugitive, cannot sign his "defective" petition and the state government was unable to file a counter affidavit for want of removal of defects.
The Justice Oka-led Bench permitted the filing of counter affidavit before the next date of listing, remarking that the amended plea seeks quashing of criminal cases, not mere clubbing of various FIRs across different states.
Further, the apex court asked Zakir Naik’s advocate to seek instructions if he wishes to press the reliefs contained in the petition after SG Mehta said that the petitioner may withdraw his plea.
Zakir Naik, a controversial religious figure, is wanted by the National Investigation Agency (NIA) for his involvement in unlawful activities and promoting religious hatred. In 2017, Bangladesh authorities claimed that one of those who attacked a cafe in Dhaka was inspired by Zakir Naik. The incident had left 22 people dead. Later that year, India's NIA also accused Naik of indulging in unlawful activities and promoting religious hatred.
Since then, Naik has been forced to live in Malaysia, a country that has given him protection and allowed him to operate his organisation, including Dubai-based Peace TV and Mumbai-based non-profit Islamic Research Foundation (IRF).
A Tribunal under the Unlawful Activities (Prevention) Act (UAPA) had confirmed the notification dated November 15, 2021, issued by the Central government declaring Naik's IRF as an unlawful association. The Tribunal said that after going through the evidence that there were sufficient causes for imposing the ban on IRF as its unlawful activities through various mediums, are detrimental to the sovereignty, unity, integrity, and security of India and cause disaffection against India.
Naik fled from the country in 2016 and is wanted by the Indian probe agencies on the charges of terror financing, hate speeches, money laundering and inciting communal disharmony.
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