LawChakra

“How Can a Fugitive Seek Clubbing of FIRs Under Article 32 of the Constitution?”: SG Tushar Mehta Questions Zakir Naik’s Plea in SC

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Today, On 16th October, The Central government opposed Zakir Naik’s petition in the Supreme Court seeking to club multiple FIRs filed against him across various states. The Centre questioned how a fugitive, evading Indian law, could seek legal relief while remaining outside the country. Naik, facing charges of money laundering and hate speech, argued for the consolidation of FIRs to streamline legal proceedings.

New Delhi: The Centre questioned the validity of a plea submitted to the Supreme Court by controversial Islamic preacher Zakir Naik, which sought the consolidation of multiple FIRs filed across different states in connection to his statements during the 2012 Ganapati festival.

Solicitor General Tushar Mehta, representing the Centre, appeared before a bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih.

Mehta raised concerns, asking,

“How can a person declared a fugitive file a plea under Article 32 of the Constitution?”

He also mentioned,

I was told by his advocate that they are withdrawing the matter. Our counter was ready.”

Naik’s lawyer, however, stated that no instructions had been received to withdraw the plea, which seeks to club around 43 cases filed across various states. The lawyer added that six FIRs were still pending against Naik, and they intended to approach the high court for quashing them.

In response, the Supreme Court directed Naik’s counsel to submit an affidavit clarifying whether the case would be pursued or withdrawn, while also asking Mehta to file a response.

The next hearing scheduled for October 23.

Zakir Naik, currently residing abroad, is also under investigation by the National Investigation Agency (NIA) for alleged involvement in terror activities. Born in Mumbai, Naik fled India following the July 1, 2016 bombing at a café in Dhaka, Bangladesh.

He is accused of spreading hatred between communities through his Peace TV channel and social media platforms, where he has over 20 million followers. Naik is believed to be living in Malaysia.

The Dhaka bombing, which claimed over 20 lives, reportedly involved one of the attackers who stated they were inspired by Naik’s speeches.

Additionally, some youths who joined the Islamic State allegedly attributed their radicalization to meeting the controversial preacher. Naik, however, has denied any connection to these incidents.


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