On Friday, Zakir Naik's Islamic Research Foundation approached the Delhi High Court to challenge the central government's decision banning the religious organisation. The appeal to set aside the immediate ban comes almost two months after the Ministry of home Affairs, vide a notification to ban the NGO.
Accepting the application, Justice Sanjeev Sachdeva directed Additional Solicitor General (ASG) Sanjay Jain representing the union to produce all relevant documents that necessitated the ban before January 17, when the matter will be next heard.
In its application, the petitioner challenged the notification on the grounds that the ban was imposed without "any application of mind on the part of the Government authorities." The petition further contended that "the impugned notification in fact discloses no grounds or conclusions that have been drawn from any facts and material that was before the Government to sustain its decision."
The appeal questioned Sections 3 and 4 of UAPA, seeking clarity on whether it "provided unbridled powers at the hands of the Government," thereby "creating unreasonable restrictions on the rights guaranteed under Article 19(1)C of the Constitution of India."
Advocate S Hari Haran, representing IRF said that "the impugned notification failed to appreciate that there is no material to indicate that Dr. Zakir Naik has been aiding or instigating any kind of anti-national activities." It went on to say that the speeches made by Naik which allegedly influenced some persons have been "misquoted and taken out of context". The petition clarified that the speeches in question, that are the basis of the FIR were made between 2005 to 2012 and are therefore require no urgency.
IRF also alleged, that banning the NGO was a calculated move made by the Centre, which was evident since media houses were informed about the developments in advance.
In response, the ASG submitted that the notification — read out in the court, stated that the need for taking the "urgent step" in banning IRF was in view of the apprehension that Indian youths could be "radicalised" by the statements and speeches made by IRF and its members, including its President Naik. The notification read that speeches made could also allegedly "motivate" the impressionable youth to join terror groups like ISIS, which is a cause of global concern.
Opposing the plea, the ASG stated that the government did not want to wait for some "catastrophic" incident or "pralay" to happen before taking a decision. He argued that in the notification, Naik was making statements which not only allegedly extolled Osama bin Laden but also promoted terrorism.
The ASG submitted that the FIR was lodged by the Mumbai Police against IRF members based on a complaint by the father of a Kerala-based youth who had joined ISIS which clearly illustrated the influence and threat of the organization.
The matter, currently being heard by a tribunal under the Unlawful Activities (Prevention) Act, will be taken up on February 6, Jain said.
