UAPA Tribunal orders Zakir Naik to be physically present or file vakalatnama with proper authentication at next hearing

By Sushil Batra
New Delhi [India], February 11 : After Islamic evangelist and preacher Zakir Naik showed an inability to go to the Indian Embassy in Malaysia for authentication of his credentials for Vakalatnama, the UAPA Tribunal said, "He is bound to file a vakalatnama in proper format with proper authentication or he may remain physically present on the next date of hearing".
The Unlawful Activities (Prevention) Act Tribunal noted, "Despite the order passed by this Tribunal on the last date of hearing, vakalatnama in proper format, with proper authentication of Dr. Zakir Abdul Karim Naik has not been filed."
"The Counsel who is appearing for the other Trustee of IRF has shown his inability to authenticate the credentials of Dr. Zakir Abdul Karim Naik on his vakalatnama. Advocate S. Hari Haran further submitted that Dr. Zakir Abdul Karim Naik has shown his inability to go to the Indian Embassy at Malaysia for authentication of his credentials," the Tribunal noted.
The Tribunal during the detailed hearing on February 10, 2022 said, on the next date, it shall hear the matter physically and no hybrid or virtual hearing will be allowed during cross-examination so as to ensure the physical presence of the witnesses.
It is made clear that the matter shall be taken up on a day-to-day basis from the next date onwards, the Tribunal said.
The list of witnesses has been filed on behalf of the Union of India which includes witnesses from the State of Maharashtra and Directorate Enforcement. On and from the next date of hearing, the witnesses, whose affidavits have been filed and are to be filed as their examination-in-chief, shall be made available for their cross-examination, the Tribunal said.
Earlier, the Tribunal had sought the response of Zakir Naik and IRF organization 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 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 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.