Friday, July 21, 2017

Absconding terrorist supporter ZAHIR NAIK NGO Appeal in Delhi high court

Jul 22 2017 : The Times of India (Chennai)
New Delhi HC bench to hear plea of Zakir Naik's NGO against ban
New Delhi:

The Delhi high court on Friday recused itself from hearing a plea by ab sconding Is lamic preach er Zakir Naik's NGO, Islamic Re search Foun dation (IRF), to set aside the special judicial tribunal's decision to ban the organisation under the Unlawful Activities Prevention Act (UAPA).When the plea came up for hearing, Acting Chief Justice Gita Mittal recused (excuse oneself from a case because of a potential conflict of interest or lack of impartiality) herself and directed that the case be listed before another HC bench. Mittal questioned whether the HC has the jurisdiction to hear the case or whether the appeal should have gone directly to the Supreme Court. The hearing will now continue before a different bench on July 27.
In its appeal, the IRF had contended that the “tribunal erred in observing that there is material indicating communal riot because of the speech made by Naik“.
On May 11, the tribunal presided by Justice Sangita Dhingra Sehgal had found sufficient reasons, including IRF posing a threat to India's security, to declare it an unlawful association. IRF has claimed that the tribunal “failed to appreciate that it was undisputed position that Naik is the president of the IRF , but the same could not reflect upon the action carried out by him in his individual capacity“.
The organisation said that actions attributed to individuals named in the FIRs cannot reflect on the organisation and will affect the charitable and educational work being done by it. The tribunal found that Naik has failed to take part in the legal proceedings before it and was “absconding and untraceable“.
Upholding the Centre's November 17, 2016 notification banning IRF for five years, the tribunal had said that there are sufficient reasons and cause to declare IRF an unlawful association.
(With inputs from agencies)

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