The Maharashtra government on Wednesday asked the Supreme Court not to entertain the petition of fugitive radical preacher Zakir Naik seeking the clubbing of multiple FIRs registered against him in the past over his inflammatory speech.
"A person who is declared a fugitive by the court of law, how can he maintain an Article 32 petition?" Solicitor General Tushar Mehta submitted before a bench headed by Justice Abhay S Oka.
Mehta said that Zakir Naik, an absconder, cannot put his signature on his "defective" petition and that it was not possible for the state government to file a counter affidavit for want of removal of defects.
The Bench headed by Justice Oka allowed the filing of a counter affidavit on the next date of listing, observing that the amended plea does not seek merely clubbing of various FIRs pending in different states but quash criminal cases as well.
The apex court also asked Zakir Naik's advocate to seek instructions if he wishes to press the reliefs contained in the petition after SG Mehta said that the petitioner may withdraw his plea.
Zakir Naik is the other controversial figure of religion who was wanted by India's National Investigation Agency (NIA) for indulging in unlawful activities along with giving hate speeches against one particular religion. In 2017, the Bangladesh authorities said that one of the cafe attackers in Dhaka was inspired by Zakir Naik after which 22 people were killed. India's NIA later that year accused that Naik was also indulging in unlawful activities and was presenting religious hatred.
Since then, Naik has had to stay in Malaysia; the country has provided him with shelter and enables him to run his organisation, including Dubai-based Peace TV and Mumbai-based non-profit Islamic Research Foundation (IRF).
A Tribunal under the Unlawful Activities (Prevention) Act (UAPA) has upheld the notification dated November 15, 2021, issued by the Central government declaring Naik's IRF as an unlawful association. The Tribunal held that after considering the evidence that there were sufficient causes for imposing the ban on IRF as its unlawful activities through various mediums, are detrimental to the sovereignty, unity, integrity and security of India and cause disaffection against India.
Naik fled the country in 2016 and Indian probe agencies have charges of terror financing, hate speeches, money laundering, and incitement of communal disharmony against him.
Read also| Lady Justice in SC Library Now Depicts Open-Eyed Stance with the Constitution
