SC raised serious questions on Zakir Naik's application: How can a fugitive request the court?

The Maharashtra government has raised serious questions in the Supreme Court on the petition of controversial Islamic preacher Zakir Naik, who had requested to combine the FIRs lodged in several states regarding his alleged objectionable statements during the Ganpati festival in 2012. Solicitor General Tushar Mehta demanded dismissal of Zakir Naik's petition but also questioned its rationale.

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Solicitor General Tushar Mehta raised the question before a bench of Justices Abhay S Oka, Ehsanuddin Amanullah and Augustine George Masih that how can a person who has been declared a fugitive file a petition under Article 32 of the Constitution? Mehta said that Zakir Naik is a fugitive and the Supreme Court is not entitled to interfere in this matter.

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SG Mehta also highlighted the shortcomings of the Supreme Court registry and said that Zakir Naik's signature is not on the petition. “The question is whether Naik, who has been declared a fugitive, can file a petition under Article 32 (for enforcement of fundamental rights) for such relief,” Mehta told a bench headed by Justice Oka. “How can a person who has been declared a fugitive by the court file an Article 32 petition?”

“His lawyer told me that they are withdrawing the case. Our answer is ready.” In response, Naik's lawyer said that he has not received any instructions regarding withdrawal of the case and the plea sought to club together about 43 FIRs, which have been filed in different states.

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The division bench said the state has the right to raise all preliminary objections in the affidavit to be filed, but Mehta said, “The registry has pointed out the flaw in its office report that they have to come here first and sign the petition because after all He is a fugitive…so can the honorable judge waive that objection?”

Naik's lawyer S Hariharan rejected Mehta's arguments and said that Naik has not been declared a fugitive by any court, whether domestic or foreign. He asked, “Where is the court order declaring my client a fugitive? There is no such order… As far as clubbing the cases is concerned, initially there were about twenty-five cases, which are now reduced to four. If the court wants, we can take it back from this court and go to the jurisdictional High Court.

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Naik is currently abroad, and the National Investigation Agency (NIA) is investigating his involvement. Following this, the apex court directed Naik's lawyer to file an affidavit whether he will continue or withdraw the case. The next hearing of the case will be on October 23.

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