Bombay HC allows ED to continue attaching Zakir Naik’s properties
Naik had applied to the tribunal in 2017, challenging the attachment of his personal properties and that of his organisation, Islamic Research Foundation (IRF) by the ED.
mumbai Updated: Jan 05, 2019 15:19 ISTThe Bombay high court (HC) on Friday directed the appellate tribunal of the Prevention of Money Laundering Act (PMLA) in New Delhi to allow the enforcement directorate (ED) to attach the properties of controversial Islamic preacher Zakir Naik and his organisation without insisting on the copy of his objectionable speeches.
This order comes after the ED had moved the HC against the stay on attachment of properties belonging to Naik by the tribunal. The ED had claimed that the tribunal has exceeded its jurisdiction by staying the attachments till the ED does not submit a copy of Naik’s objectionable speeches to it.
Naik had applied to the tribunal in 2017, challenging the attachment of his personal properties and that of his organisation, Islamic Research Foundation (IRF) by the ED.
On Friday, a division bench of justices Indrajit Mohanty and Sarang Kotwal was informed by counsel for the ED Hiten Venegaonkar that the tribunal had stayed all attachment proceedings till the central agency filed its reply and submitted a copy of the NIA’s charge sheet filed against Naik in a case under the Unlawful Activities Prevention Act (UAPA). Venegaonkar further stated that the tribunal had also asked for a copy of the alleged “objectionable” speeches made by Naik. Venegaonkar argued, that in asking for such documents, the tribunal was “exceeding its jurisdiction” as it was merely hearing proceedings related to the provisional attachment of properties under the PMLA, and not to the detailed probe being carried out by the NIA under the UAPA. He added that the ED would be filing its reply to the tribunal during its next hearing to be held in June-July this year and till then, the tribunal should not insist for the said documents.
After hearing the arguments, the bench also observed that the charge-sheet was a public document and no orders were required for its submission. It further directed the tribunal to allow the attachment proceedings without insisting on the copy of the objectionable speeches.
First Published: Jan 05, 2019 15:19 IST