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After a preliminary hearing on the issue of whether Zakir Naiks' islamic research foundation will be an "unlawful association' under the UAPA, the tribunal issued notice consisting of Chief Justice of Delhi High Court Justice D. N. Patel took up the matter for preliminary hearing today.
After hearing Tushar Mehta, Solicitor General of India, the bench issued notice returnable on 28th December, 2021.
Mr. Mehta volunteered to publish the notice in leading dailies too over and above regular service so that the banned organisation cannot take any technical defence.
The Ministry of Home Affairs (MHA) has set up a one-member tribunal consisting Delhi High Court Chief Justice D. N. Patel under the Unlawful Activities (Prevention) Act (UAPA) to confirm the central government's declaration over the Islamic Research Foundation (IRF) of whether it is an “unlawful association”.
Ministry of Home Affairs' notification dated December 13, 2021, reads,
"The Islamic Research Foundation has been declared as an unlawful association, vide notification number S.O. 4731 (E), dated the 15th November 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii);
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby constitutes an Unlawful Activities (Prevention) Tribunal consisting of Justice D.N. Patel, Chief Justice, High Court of Delhi, for the purpose of adjudicating whether or not there is sufficient cause for declaring the Islamic Research Foundation as an unlawful association."
On November 15, the Ministry of Home Affairs had extended for five years the ban imposed on IRF), headed by India-born preacher Zakir Naik, currently based in Malaysia. MHA had said that the IRF had been indulging in activities that are prejudicial to the country's security and are the potential of disturbing the peace and communal harmony and disrupting the secular fabric of the country.
The notification had further asserted that the statements and speeches made by Naik are objectionable and subversive promoting enmity and hatred among religious groups. It had also stated that his deliveries advance inspiration to youths of a particular religion in India and abroad to commit terrorist acts.
It is to be noted that the present notification has been issued in pursuance of section 5 of the UAPA. Section 4 of the Act mandates that such a decision of the government has to be confirmed by a tribunal which will arrive at its decision after calling for a written explanation from any office-bearer or member of the concerned association whereas Section 5 of the Act provides for constitution of such tribunal.
This one-member tribunal consisting Justice DN Patel will now determine if there was sufficient cause for declaring the organization an unlawful association.
Naik's this Foundation was first declared an unlawful organization under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) by the central government on November 17, 2016.
Naik runs two television stations, namely Peace TV and Peace TV Urdu, and both the channels are banned in many countries including India, Bangladesh, Sri Lanka, Canada, and the United Kingdom.
Furthermore, in July this year, a plea was filed in the Kerala High Court by a family seeking the return and repatriation of their daughter who joined the Islamic State (ISIS) and their granddaughter.
The petitioner parents had alleged that their daughter converted to Islam after she was brainwashed by Islamic Radicals led by Dr. Zakir Naik before she met the ISIS terrorist.
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