Tribunal restrains ED From taking over Dr Zakir Naik’s assets; asks why no action against babas?

News Network
January 10, 2018

New Delhi, Jan 10: After NIA suffered an embarrassment with quashing of its Red Corner Notice request by the Interpol, the Enforcement Directorate (ED) on Tuesday was pulled up by a judicial tribunal over its investigation against peace activist and Islamic preacher Dr Zakir Naik.

Justice Manmohan Singh, who heads the Appellate Tribunal for PMLA (Prevention of Money Laundering Act) at New Delhi, restrained the agency from taking over Dr Naik’s properties attached by the agency, and drew a parallel between Naik and self-styled spiritual leader Asaram Bapu.

"I can name 10 babas who have properties worth more than Re 10,000 crore each and they are facing criminal cases. Have you acted against even one of them? What have you done against Asaram Bapu?" it asked the counsel for the ED.

Raising questions whether ED was being selective in acting against Dr Naik, the Tribuna’s chairman observed that the agency seems to have done nothing in the last 10 years about confiscating properties of Asaram but looked to act a lot quicker in this case.

The central probe agency, in March last year, had attached a school building in Chennai and a warehouse as part of its provisional attachment in the case and it was carried out under the stringent criminal provision of the Prevention of Money Laundering Act (PMLA).

As per the legal scheme under the Act, such an order goes to the Adjudicating Authority for final approval and in case the ED's action is endorsed, the affected party can appeal it before the Appellate Authority of the law.

The Appellate Authority (PMLA), now in a recent order, directed the agency to restrain from taking possession of the said attached immovable assets even as it posed several queries and questioned the agency's action in the case.

Official sources in the ED said the agency will appeal the order of the Appellate Authority or the Tribunal before a High Court and that it was not a "set back" in the case.

Officials said the tribunal order has not "quashed" the attachment but has directed that status quo be maintained. The tribunal, they said, has at the same time not barred the agency "from taking possession" of the movable assets attached in the same order that includes mutual funds worth about Rs. 9.41 crore and five bank accounts containing deposits worth Rs. 1.23 crore in the name of Naik's NGO Islamic Research Foundation (IRF).

Agency sources said the investigation conducted by the ED officials is independent of the NIA and that it has found that these assets were created by Naik and his associates using alleged "tainted funds".

The Adjudicating Authority had approved the ED order after being satisfied by the investigation, they said, adding this will be a point made in the appeal to the High Court.

The ED is looking into the charges of alleged laundering of illegal funds in the case and the subsequent proceeds of crime thus generated.

The National Investigation Agency (NIA) had first registered a case against the 51-year-old Naik under antiterrorism laws in 2016 for allegedly promoting enmity between different religious groups.

The NIA and Mumbai Police, subsequently, had also carried out searches at 10 places in Mumbai including residential premises of some of the office bearers of the foundation run by Naik.

The foundation was earlier put on restricted list by the Home Ministry for receiving funds from abroad.

Comments

All officers?. Even the ones who have Muslim names? Or Christian names?.. All of them belong to RSS? Great.

His sayings are based on truth, his speeches based on reality but people like you are not ready to listen or accept the truth. You always want to follow cheater swamis and don't try to know the truth.

zahoor ahmed
 - 
Wednesday, 10 Jan 2018

Dr.Naik speak truth. People like saffron group dislike truth and they want to hide the truth from common people. 

Ganesh
 - 
Wednesday, 10 Jan 2018

Right thing asked. 

Vivek
 - 
Wednesday, 10 Jan 2018

Ban his speeches in India. Only fearless Modi ji can do that. and he will do that soon.

Unknown
 - 
Wednesday, 10 Jan 2018

No news of ZN in these days. Soon he will be behind bars. His speeches are so provocative. Degrading other religions. He should be punished

Sangeeth
 - 
Wednesday, 10 Jan 2018

The main reason behind the enquiry of ZN source of income was terror link and funding.

Yogesh
 - 
Wednesday, 10 Jan 2018

Because babas not involving in terror activities and they dont have any funding from terrorists org

shahid
 - 
Wednesday, 10 Jan 2018

All officers are RSS minded people. thats why they are biased to others. zakir naik is a muslim right

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coastaldigest.com news network
January 14,2020

Srinagar, Jan 14: Davinder Singh, deputy superintendent of police, who was arrested on Saturday along with two Hizb terrorists and a Hizb overground worker in Kulgam, has confessed to his interrogators that he had received Rs 12 lakh from the terrorists to ferry them to Jammu and then Chandigarh for their onward journey to New Delhi, IG (Kashmir) Vijay Kumar told the media here on Monday.

Intelligence sources said the terrorists planned to carry out attacks on Republic Day.

The DSP was suspended on Monday and is likely to be stripped of all his awards, including the President’s Police Medal for anti-militancy operations.

Davinder, who was interrogated by various intelligence agencies, including IB, military intelligence and RAW, besides the police, has disclosed that he had put up the terrorists at his Indira Nagar house in Srinagar, right next to the Army’s 15 Corps HQ, and thereafter accompanied them to Jammu in a Maruti car driven by the Hizb overground worker, intelligence sources claimed.

Meanwhile, sources said the Union home ministry may hand over the case to the NIA to find the real motive of the terrorists, Davinder’s links to terrorism and whether he had helped terrorists in the past as well.

The two Hizb terrorists arrested with Davinder are Naveed Babu alias Babar Azam, a resident of Nazneenpora in south Kashmir’s Shopian district, and his associate Rafi Ahmad Rather. The Hizb overground worker, identified as Irfan Shafi Mir, was driving the vehicle when it was intercepted by the police on Saturday. Irfan Shafi Mir has travelled to Pakistan five times on his passport.

Davinder, interestingly, was on duty ensuring security cover for the envoys of 15 countries who visited Srinagar at the Union government’s invitation last week.

Comments

Ashi
 - 
Tuesday, 14 Jan 2020

There is 2 side for Terrorism, none have dare to attack or bombing unless there is hand from IB, Police and Intelligence (Also RSS support). Frequent bombings or terror attacks was stopped when Hemant Karkare emerged as true officer.

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News Network
April 12,2020

Mangaluru, Apr 12: Kanara Chamber of Commerce and Industry (KCCI) has appealed to the Additional Chief Secretary to Karnataka government Jawaid Akhtar to exclude Dakshina Kannada district from hotspot/ red zone area pertaining to coronavirus, saying that the district has not reported any new case since last five days.

KCCI president Isaac Vas said DK district has not reported any new case of COVID-19 in the last five days. Of the 12 cases reported in the district, six are from Kasargod and one from Bhatkal.

None of the patients suffering from coronavirus are in ICU or put on ventilator, he said in a statement.

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News Network
May 21,2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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