New Delhi: The Centre on Wednesday (October 16) questioned before the Supreme Court the maintainability of a plea filed by fugitive Islamic preacher Zakir Naik seeking clubbing of First Information Reports (FIR) filed against him in different states for hate speech and promoting enmity between different religious groups on ground of religion.
Mumbai-born Naik, who is being probed by the National Investigation Agency (NIA) for alleged terror activities, is currently stated to be in Malaysia. He fled India and has been declared a fugitive by a Mumbai court.
How can a person declared fugitive file a plea under Article 32 of Constitution, SG asked
Solicitor General (SG) of India, Tushar Mehta, appearing before a bench comprising Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih, asked that how can a person declared fugitive file a plea under Article 32 of the Constitution.
Mehta told the bench that he was under the impression that Naik was withdrawing the matter.
“I was told by his (Naik) advocate that they are withdrawing the matter. Our counter was ready,” said Mehta.
Hadn’t received any instruction to withdraw plea: Naik’s lawyer
The lawyer representing Naik said that he hadn’t received any such instruction from his client to withdraw the matter. He further said that the plea filed by his client sought clubbing of about 43 cases registered across states. The lawyer further said that six First Information Reports (FIRs) were pending against his client and he would move the High Court seeking quashing of these six FIRs.
Apex court directed Naik to file an affidavit
The bench, after hearing the submissions, directed Naik’s lawyer to file an affidavit stating whether he would pursue the case before it or withdraw it. The bench also told Mehta to file a reply in the matter.
The apex court posted the matter for further hearing on October 23.
According to news agency PTI, Naik fled India in the wake of bombing at a cafe in Dhaka, Bangladesh on July 1, 2016 in which over 20 people lost their lives in the blast and one of the bombers had reportedly claimed to have been inspired by speeches delivered by Naik. Some youths who joined the Islamic State had allegedly said that they were attracted to the Islamic State after meeting Naik.