UAPA Tribunal summons Zakir Naik's IRF on Jan 28, 2022 to decide on 'unlawful association' status

A recently constituted Centrally empowered Unlawful Activities (Prevention) Tribunal has summoned Islamic evangelist Zakir Naik's Islamic Research Foundation (IRF) on January 28 next year to adjudicate "whether or not there is sufficient cause for declaring the organization as an unlawful association" by the Ministry of Home Affairs (MHA).

The Tribunal in two separate summons sent to the IRF earlier this month has directed to send any of its representatives before it in Delhi.

The Tribunal comprising Justice DN Patel, Chief Justice of Delhi High Court, was constituted on December 13 by the Central government for the purpose of adjudicating whether or not there is sufficient cause for declaring IRF as an unlawful association as required by Sub-section (1) of Section 4 of the Act.

The summons accessed bywas issued at the Mumbai-based organization's two different addresses mentioned as 'Masalawala Building, 2nd Floor, 56 Tandel Street (North) Dongri", and "195/213, S.V.P. Road, Dongri".

The summons were issued by the office of Registrar, Unlawful Activities (Prevention) Tribunal Delhi days after it was constituted by the Central government exercising powers under Section 5(1) of the Unlawful Activities (Prevention) Act, 1967.

In gazette notification issued by the Ministry of Home Affairs dated November 15 this year under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967, the IRF was declared "an unlawful association from the date of the notification" for another five years.

Through the summons, given under sub-section (2) of Section 4 of the Unlawful Activities (Prevention) Act, 1967 read with Rule 6 of the Unlawful Activities (Prevention) Rules, 1968, the IRF has been informed that "you are hereby called upon to show cause in writing within 30 days from the date of service of this Notice as to why Islamic Research Foundation (IRF) be not adjudicated for declaring as an unlawful association and why an order should not be made..."

"The objections, reply or written statement, if any, may be filed or delivered within the statutory period of 30 days from the date of service before the Registrar of this Tribunal. i.e. the undersigned at Room No. 220, IInd Floor, A Block, High Court of Delhi, Sher Shah Road, New Delhi-110003," the summons mention.

In case objections, reply or written statements are in regional or vernacular language, true English translation there of should be also attached, read the summons.

"You (IRF) may cause an appearance on your behalf before the Tribunal on 28th January, 2022 at 2.15 p.m. in the Court Room No. 1, Delhi High Court, Sher Shah Road, New Delhi-110003, either through a duly authorized representative or an instructed Counsel or Advocate, where after irrespective of your appearance, the Tribunal shall proceed as per sub-Section (3) of Section 4 of the Act."

Days after declaring IRF an "unlawful association", the Centre later authorized all the state governments and the Union territory Administrations to use certain powers of Unlawful Activities (Prevention) Act, 1967 against the organisation.

It gave the powers under Section 7 and 8 of the Unlawful Activities (Prevention) Act. Section 7 of the Act gives the power to prohibit the use of funds of an unlawful association. However, Section 8 of the Act empowers authorities authorized to notify places used for the purpose of an unlawful association.

IRF is an NGO headed by Islamic evangelist and India-born preacher Zakir Naik.

While extending its declaration against IRF as an "unlawful association" for another five years, the MHA in its November 15 notification said, "if the activities of the unlawful association were not curbed, it would continue its subversive activities and reorganise its absconding activists to create communal disharmony, propagate anti-national sentiments and support militancy".

The Ministry in that notification also said that Islamic preacher Naik's speeches and statements were meant to inspire youths of a particular religion in India and abroad to commit terrorist acts.

Naik's statements and speeches are objectionable, subversive that promote enmity, hatred among religious groups, the Home Ministry had said while extending the ban on IRF.

The Centre had declared the IRF an unlawful organization under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) on November 17, 2016, for a period of five years. The ban was due to expire on November 16, this year.

The MHA in that notification mentioned IRF's involvement in activities that are "prejudicial to the security of the country and have the potential of disturbing the peace and communal harmony and disrupting the secular fabric of the country."

Naik's IRF has been "encouraging and aiding its followers to promote or attempt to promote, on grounds of religion, disharmony or feelings of enmity, hatred or ill-will between different religious communities and groups which are prejudicial to the integrity and security of the country", the notification then said.

According to the Ministry, Naik makes radical statements and speeches which are viewed by crores of people worldwide.

The Ministry said that these statements by Naik can also "disrupt the secular fabric of the country by polluting the minds of the people by creating communal disharmony, propagate anti-national sentiments, escalate secessionism by supporting militancy and some people may undertake activities which are prejudicial to the sovereignty, integrity and security of the country".

Naik runs two television stations, namely Peace TV and Peace TV Urdu. Both the channels are banned in many countries. It is banned in India, Bangladesh, Sri Lanka, Canada and the United Kingdom.

The IRF head fled to Malaysia in 2016, just before the National Investigation Agency (NIA) started a probe against the Islamic preacher.

( With inputs from ANI )

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