Fugitive Zakir Naik Withdraws Plea Before SC Seeking Clubbing of Hate Speeches FIRs Under Article 32

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During a hearing, a bench of Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih was informed that Naik was retracting his plea to seek relief from the High Courts instead.

NEW DELHI: Today (23rd Oct): Controversial Islamic preacher and fugitive Zakir Naik has decided to withdraw his petition seeking the consolidation of multiple FIRs filed against him across various states related to his hate speech from 2012.

During a hearing, a bench of Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih was informed that Naik was retracting his plea to seek relief from the High Courts instead.

Solicitor General Tushar Mehta previously objected to Naik’s petition, questioning,

“How can a declared fugitive file a petition under Article 32?” He mentioned that Naik’s advocate had indicated they were withdrawing the matter.

However, Naik’s counsel stated he had not received any instructions to withdraw and emphasized that the plea aimed to consolidate around 43 cases filed in different states.

The bench instructed Naik’s counsel to submit an affidavit clarifying whether he intended to continue with the case or withdraw it.

Naik, who left India in 2016, is also under investigation by the National Investigation Agency for suspected terrorist activities. He is accused of inciting hatred among various communities through his channel Peace TV and social media platforms, which boast over 20 million followers.

The National Investigation Agency (NIA) and the Enforcement Directorate (ED) have been investigating Zakir Naik for several years. Naik faces multiple charges, including promoting enmity between religious groups under Section 153A of the Indian Penal Code. He has also been booked under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

In 2017, a Special NIA court issued a non-bailable warrant against him. However, Naik did not appear before the court and is believed to be residing in Malaysia, where he has been declared a fugitive.

In 2022, a UAPA tribunal upheld the government’s decision to designate Naik’s organization, the Islamic Research Foundation (IRF), as an “unlawful association” under the UAPA.

Additionally, the Delhi High Court, in May 2017, declined to set aside the ban imposed on the IRF.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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