The Supreme Court on Wednesday allowed fugitive Islamic preacher Zakir Naik to withdraw his plea to club multiple hate speech cases filed against him across India. [Zakir Abdul Karim Naik v. State of Maharashtra and Others].
A Bench of Justices Abhay Oka, Ahsanuddin Amanullah and Augustine George Masih allowed withdrawal after Naik informed the Court of his intention to approach respective High Courts for quashing the cases.
The Maharashtra government had earlier questioned how the fugitive preacher was even allowed to approach the Supreme Court given that he had escaped from India.
The Bench had, thus, allowed the State to file a counter-affidavit to raise their objection to the maintainability of Naik's plea.
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.
Senior Advocate Aditya Sondhi appeared for Naik.
Solicitor General Tushar Mehta appeared for the State of Maharashtra.