14 January 2017

Pin It

Dr. Zakir Naik IRF moves High Court challenging ban on organization

Dr. Zakir Naik IRF moves High Court challenging ban on organization

Islamic preacher Dr. Zakir Naik’s Islamic Research Foundation (IRF) on Friday moved the Delhi high court against BJP Government decision to ban the organization, saying that such an action was unwarranted under the Unlawful Activities (Prevention) Act (UAPA), 1967.

IRF has challenged a notification issued by the home ministry on November 17, 2016
that imposed an immediate five-year ban on the organization under the provisions of the UAPA.

Accepting the application, Justice Sanjeev Sachdeva directed Additional Solicitor General (ASG) Sanjay Jain representing the union to produce all relevant documents that necessitated the ban before January 17, when the matter will be next heard.

Advocate S Hari Haran, representing IRF said that "the impugned notification failed to appreciate that there is no material to indicate that Dr. Zakir Naik has been aiding or instigating any kind of anti-national activities." It went on to say that the speeches made by Naik which allegedly influenced some persons have been "misquoted and taken out of context". The petition clarified that the speeches in question, that are the basis of the FIR were made between 2005 to 2012 and are therefore require no urgency.

The appeal questioned Sections 3 and 4 of UAPA, seeking clarity on whether it "provided unbridled powers at the hands of the Government," thereby "creating unreasonable restrictions on the rights guaranteed under Article 19(1) C of the Constitution of India."

IRF also alleged, that banning the NGO was a calculated move made by the Centre, which was evident since media houses were informed about the developments in advance.

The ASG submitted that the FIR was lodged by the Mumbai Police against IRF members based on a complaint by the father of a Kerala-based youth who had joined ISIS which clearly illustrated the influence and threat of the organization.

The matter, currently being heard by a tribunal under the Unlawful Activities (Prevention) Act, will be taken up on February 6, 2017

According to the Centre's notification, read out in the court by Additional Solicitor General Sanjay Jain, the need for taking the “urgent step” was felt in view of the apprehension that Indian youths could be “radicalized” by the alleged statements and speeches made by IRF and its members, including its President, Naik, to join terror groups like ISIS, which is a cause of global concern. He claimed that terrorists and ISIS sympathizers arrested by the authorities have allegedly claimed “They were inspired by the fundamental statements made by IRF".

Opposing the maintainability of the plea, the ASG said the government did not want to wait for some “catastrophic” incident to happen before taking a decision.

He argued that the notification mentions that Naik was making statements that not only allegedly extolled Osama bin Laden but also promoted terrorism.

According to the notification, Naik was also accused of making statements which were “derogatory of other religions” and thus, “spreading communal disharmony”.

IRF contended that dates or content of the alleged speeches and statements have not been mentioned in the notification.

Reality views by sm –

Saturday, January 14, 2017

Tags – Dr. Zakir Naik IRF Ban Case Facts BJP