10 January 2018

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Tribunal Stops ED from taking over Dr. Zakir Naiks properties

Tribunal Stops ED from taking over Dr. Zakir Naiks properties

Islamic Preacher Dr. Zakir Naik’s appeal has stated that he was not even served notices before properties were attached and that the charge sheet made out no such offence that warranted confiscation of his properties.

In March 2016, Enforcement Directorate had attached a school building in Chennai and a warehouse as part of its provisional attachment in the case and it was carried out under the stringent criminal provision of the Prevention of Money Laundering Act
But a tribunal under the Prevention of Money Laundering Act has restrained the ED from taking possession of immovable assets it has attached

As per media reports When the ED lawyer said that Dr. Zakir Naik instigated youths through his speeches, Justice Singh pointed out the ED did not produce any prima facie evidence or statements from "such misguided youths" as to how these speeches pushed them to commit illegal acts.

Justice Singh, who heads the Appellate Tribunal for PMLA (Prevention of Money Laundering Act) at New Delhi, restrained the agency from taking over Naik's properties attached by the agency, and drew a parallel between Naik and self-styled spiritual leader Asaram Bapu.

"I can name 10 babas who have properties worth more than Re 10,000 crores each and they are facing criminal cases. Have you acted against even one of them? What have you done against Asaram Bapu?" it asked the counsel for the ED.

the Tribunal’s chairman observed that the agency seems to have done nothing in the last 10 years about confiscating properties of Asaram but looked to act a lot quicker in this case.

The Tribunal ordered a “status quo”, thereby stopping the ED from taking possession of a school in Chennai and a commercial property in Mumbai.

The Tribunal grilled the ED's lawyer over the grounds as to why the properties required to be attached when the charge sheet had not made out appropriate scheduled offences.

When the lawyer said that Naik instigated youths through his speeches, Justice Singh pointed out the ED did not produce any prima facie evidence or statements from "such misguided youths" as to how these speeches pushed them to commit illegal acts.

"Have you recorded anybody's statement as to how they were influenced by these speeches? Your charge sheet does not even mention how these speeches played any role in a terror attack in Dhaka in 2015," he said.

Justice Singh then said that it appeared the ED, for the sake of its own convenience, ignored 99% of these speeches and relied upon only 1 per cent.

"Have you read the speeches which form part of your charge sheet? I have heard many of these speeches and I can tell you that so far I haven't come across anything objectionable," the judge told the ED's lawyer.

The ED has already attached Naik’s three properties, including these two, but the judge said the agency cannot now proceed with the physical possession. The Tribunal then adjourned the matter to hear at length about the validity of the attachment proceedings.

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Wednesday, January 10, 2018

Tags – Dr. Zakir Naik Speech Properties ED Tribunal Order