The Maharashtra government today questioned how fugitive Islamic preacher Zakir Naik was even allowed to approach the Supreme Court with a plea to club multiple hate speech cases filed against him across India [Zakir Abdul Karim Naik v. State of Maharashtra and Others].
Representing the Maharashtra government, Solicitor General (SG) for India Tushar Mehta argued that a fugitive cannot invoke the jurisdiction of the Supreme Court.
"A person who is declared a fugitive, can he file an Article 32 (right to approach Supreme Court to enforce fundamental rights under Constitution of India) petition? I am being told that they are withdrawing it. We had our counter ready," SG Mehta submitted.
Taking note of this submission, a Bench of Justices Abhay Oka, Ahsanuddin Amanullah and Augustine George Masih allowed the State to file a counter affidavit to raise their objection to the maintainability of Naik's plea.
Senior Advocate Aditya Sondhi appeared for Naik today and informed the Court that the writ petition preferred by Naik is from 2013 and sought the clubbing of around 43 cases against him.
The Court said that Naik was free to clarify whether he was withdrawing the case as alluded to by the SG or not.
"You may file an affidavit of petitioner, whether he (Naik) wants to pursue it or withdraw. List it next week with same caption. SG may file their counter and registry must accept it despite defect," the Court ordered.
The case will be heard next on October 23.
The National Investigation Agency (NIA) and the Enforcement Directorate (ED) have been investigating Naik for several years. Naik faces multiple cases under which he has been charged for fostering hatred between religious groups under Section 153A of the Indian Penal Code. He has also been booked under provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA).
In 2017, a Special NIA court issued a non-bailable warrant against Naik. Naik did not appear in court and is believed to be residing in Malaysia. He has been declared a fugitive.
In 2022, a UAPA tribunal had confirmed the Centre’s decision to declare Naik’s organization, Islamic Research Foundation (IRF), an “unlawful association” under the UAPA.
The Delhi High Court had in May 2017 refused to set aside the ban imposed on the IRF.
[Live Courtroom Exchange]