Centre Constitutes UAPA Tribunal to Adjudicate Upon Ban on Zakir Naik’s IRF; Delhi High Court CJ DN Patel To Head the Tribunal.
(Judicial Quest News Network)
The Central Government after extending the ban imposed on Zakir Naik’s Islamic Research Organisation (IRF), has constituted a tribunal to adjudicate over it.
The tribunal is composing of Chief Justice of Delhi High Court Justice DN Patel under the Unlawful Activities (Prevention) Act,1967 (UAPA) provision to adjudicate over the ban.
It is pertinent to mention here that the Central government has already declared Islamic Research Foundation (on November 15,2021) as an unlawful association and as per the mandate of Section 4 of the Unlawful Activities (Prevention) Act, 1967, this Tribunal has been constituted.
The section 4, of the UAPA states that the government to declare an association to unlawful has to be confirmed by a Tribunal. The Centra government has to constitute such a tribunal within 30 days of for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful.
The Tribunal has been set up with an objective to assess whether the restriction on Naik’s IRF is legitimate or it lacks sufficient causes.
Section 5 of the UAPA provides for the constitution of such tribunal consisting of one person. It may be also noted that no person can be appointed unless he is a judge of a High Court.
The notification issued by the Ministry of Home Affairs states thus;
“Whereas, 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 Novemebr,15, the Ministry of Home Affairs said that the IRF has been indulging in activities that are prejudiced 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 government is of the opinion that the FIR and its members, particularly, the founder and president, Zakir Abdul Karim naik alias Zakir Naik, has been encouraging and aiding its followers to promote or attempt to promotion grounds of religion, disharmony, or feelings of enmity, hatred or ill-will between different religious communities and groups which are prejudicial to the integrity and security of the Country, it said.
The ministry said that the Zakir Naik’s activities and speeches will disrupt the social fabric of the country by polluting the m minds of the people by creating communal disharmony, propagate anti-national sentiments, escalates secessionism by supporting militancy and some people may undertake activities which are prejudicial to the sovereignty, integrity and security of the country.
