Breaking: Zakir Naik Withdraws His Petition Before Supreme Court Seeking Clubbing Of FIRs Against Him
The Supreme Court today allowed Islamic Research Foundation (IRF) trustee Zakir Naik, who is absconding, to withdraw his 2013 petition seeking the clubbing of multiple FIRs registered against him across the country, granting him liberty to approach respective High Courts for appropriate relief.
The Bench of Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masiah was dealing with a 2013 petition filed by Naik, whereby he sought clubbing of multiple FIRs registered against him across the country.
During the hearing today, Senior Advocate Aditya Sondhi appeared for Naik. He sought permission to withdraw the petition with liberty to approach High Courts.
Taking note of the submission, the Bench said, "On instructions, the Senior Counsel seeks permission to withdraw the petition with liberty to file appropriate proceedings before the appropriate High Courts for appropriate relief."
Last week, the Solicitor General of India (SGI) had argued, "A person who is declared a fugitive by the Court of law. How can he maintain an Article 32 petition?" The SG had objected to the maintainability of the writ petition. Mehta had submitted that the Petitioner should be asked to file an affidavit stating whether they wish to proceed with the matter or withdraw it since Mehta submitted that the AoR for the petitioner had told him that the petitioner wishes to withdraw the matter.
In a related news, in February 2022, a tribunal set up under the Unlawful Activities (Prevention) Act (UAPA) had directed Islamic Research Foundation (IRF) trustee Zakir Naik, who is absconding, to file a fresh vakalatnama through the Indian embassy in Malaysia after the verification of his signatures. The tribunal was conducting proceedings to consider the Centre's decision to declare the IRF as an unlawful association.
The tribunal had, on December 20, 2021, sought Naik's stand in the proceedings to consider the Centre's decision to declare the IRF as an unlawful association. Earlier, on November 15, 2021, the Centre had declared the IRF as an unlawful association for five years, saying it has been indulging in activities that are prejudicial to the security of the country and have the potential of disturbing peace and communal harmony and disrupting the secular fabric of the country.
"The central government is of the opinion that the IRF and its members, particularly the founder and president of the IRF, Dr Zakir Abdul Karim Naik, alias Dr Zakir Naik, 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 is prejudicial to the integrity and security of the country," the Ministry of Home Affairs said in its notification.
The Centre had emphasised that the statements and speeches made by Naik were objectionable, subversive, promoted hatred amongst different religious groups and inspired the youngsters of a particular religion in India and abroad to commit terrorist acts. The Centre had opined that if the unlawful activities of the IRF were not curbed and controlled immediately, it would continue with its subversive activities and re-organise its absconding activists, create communal disharmony, propagate anti-national sentiments, escalate secessionism by supporting militancy, and undertake activities that are prejudicial to the sovereignty, integrity, and security of the country.
"In exercise of the powers conferred by sub-sections (1) and (3) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the central government hereby declares the Islamic Research Foundation (IRF) as an unlawful association and directs that this notification shall, subject to any order that may be made under section 4 of the said Act, have effect for a period of five years from the date of its publication in the Official Gazette," the Centre had stated.
Pursuant to section 5(1) of the Unlawful Activities (Prevention) Act, 1967, the Centre had, on December 13, 2021, constituted the tribunal "for the purpose of adjudicating whether or not there is sufficient cause for declaring the Islamic Research Foundation as an unlawful association.". The IRF was declared as an unlawful association in November 2016 and the same was confirmed by a UAPA tribunal in May 2017.
Cause Title: Zakir Abdul Karim Naik v. State of Maharashtra & Ors. [W.P.(Crl.) No. 99/2013]
