Centre's action to declare IRF as an unlawful association is unjustified, illegal: Zakir Naik's foundation

By Sushil Batra
New Delhi [India], February 5 : Islamic evangelist and preacher Zakir Naik's Islamic Research Foundation (IRF) said on Saturday that the central government's action to declare the Foundation as an unlawful association is unwarranted and unjustified, besides being wholly arbitrary and illegal, and amounts to abuse of the draconian provisions of the UAPA Act.
IRF in its reply to the UAPA tribunal stated, "There is not an iota of evidence to show that the Foundation has ever indulged in any unlawful activity in the past. The Foundation also does not have for its objects any unlawful activity or any activity punishable under section 153 (A) or 153 (B) of IPC."
The Foundation is a registered charitable Public Trust and has in its aims and objects, activities which inter-alia promote charitable, educational, moral and socio-economic development, besides establishing schools, orphanages, research and educational institutions, hospitals, etc and also giving scholarships and educational support to deserving students, the reply said.
The Tribunal for Unlawful Activities (Prevention) Act (UAPA) on Friday directed Dr Zakir Abdul Karim Naik to file his Vakalatnama in accordance with the decision of the Supreme Court. His vakalatnama be filed through Indian Embassy at Malaysia after proper verification of his signatures, said Tribunal Chief DN Patel.
Tribunal also directed the Union of India to file its list of witnesses and examination-in-chief before the next date of hearing, while posting the matter for February 10, 2022, for a detailed hearing.
Solicitor General of India Tushar Mehta, appeared for Union of India on Friday objected to Zakir Naik's vakalatnama and said it is not according to Supreme Court direction and related judgement.
Solicitor General also stated that someone has to carry out the verification that the signature upon Vakalatnama of Dr Zakir Abdul Karim Naik who claims to be the trustee of IRF is the signature of the same person. Since Zakir Naik is an absconder, hence the vakalatnama must be verified by Indian Embassy in Malaysia.
The Tribunal on the last date of hearing had sought response of Zakir Naik and IRF organisation in the plea to confirm the Centre's decision to declare Islamic preacher Zakir Naik's organization Islamic Research Foundation (IRF) as an "unlawful association" under the Unlawful Activities (Prevention) Act.
The Ministry of Home Affairs (MHA) recently has set up a tribunal headed by Delhi High Court Chief Justice D N Patel under the Unlawful Activities (Prevention) Act (UAPA) to adjudicate over Islamic Research Organisation (IRF) ban.
The MHA recently had extended the ban imposed on Islamic Research Foundation (IRF), an NGO headed by Islamic evangelist and India-born preacher Zakir Naik for a further five years.
In its notification issued, the Ministry mentioned if the activities of the "unlawful association" were not curbed, it would continue its subversive activities and reorganize its absconding activists to create communal disharmony, propagate anti-national sentiments and support militancy.
The Ministry in its notification had 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 said on 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 Union Home Ministry in its notification said that the IRF "has been indulging in activities which 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 said.
According to the Ministry, Naik makes radical statements and speeches which is 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.