Maharashtra on Wednesday objected to a writ petition filed by Islamic preacher Zakir Naik searching for clubbing of assorted FIRs registered towards him in numerous elements of the nation, stating that an individual declared fugitive can’t file it.
“An individual who is asserted a fugitive by the Courtroom of regulation, how can he keep an Article 32 petition?” requested Solicitor Common Tushar Mehta showing for the state as Naik’s 2013 plea got here up earlier than a bench of Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih.
Mehta identified the petition was faulty and submitted that he had directions that it was being withdrawn. Nonetheless, the counsel showing for Naik mentioned he had no such directions and that the writ was for clubbing about 43 FIRs. He added the Supreme Courtroom stayed the proceedings in 2013 and that the defects had been being cured.
In the meantime, Justice Oka identified that the petitioner was not searching for switch anymore and was searching for quashing.
Mehta mentioned that although the state’s counter affidavit is prepared, it may be filed solely after the defects highlighted by the Registry are eliminated. The defect, he added, might presumably be that there is no such thing as a signature of the petitioner on the plea. “A fugitive is unable to present his signature,” he mentioned.
Justice Oka mentioned the courtroom can direct the Registry to just accept the counter affidavit however Mehta puzzled if the courtroom can waive the objections raised by the Registry. The courtroom mentioned it’s not waiving any objection however solely saying that the counter affidavit could be filed since it’s prepared.
The bench lastly permitted the state to file its counter affidavit and requested Zakir Naik’s counsel to file an affidavit stating if he wished to pursue the matter or withdraw the plea.
The courtroom will hear the matter once more on October 23.
Naik has been charged with cash laundering and inciting extremism by hate speeches, and left India in 2016. He was granted everlasting residency in Malaysia by the federal government led by Mahathir Mohamed.