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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News Network
February 6,2020

New Delhi, Feb 6: BJP MP Tejaswi Surya said on Wednesday that the majority community has to remain vigilant or Mughal rule will return to the country, as he slammed the anti-CAA protest at Shaheen Bagh.

He was participating in the debate on Motion of Thanks on the President's Address in Lok Sabha.

Referring to the ongoing protest at Shaheen Bagh against the Citizenship Amendment Act, he said, "Unless majority community remains vigilant, the days of Mughal Raj may not be far away."

Surya also praised Prime Minister Narendra Modi for resolving several critical issues which had been pending for several decades.

The CAA, he said, was aimed at resolving the issues emanating from Partition and added, "The new India cannot to built without healing the wounds of the past."

He said that the CAA was about giving citizenship to persecuted minorities in Pakistan, Bangaladesh and Afghanistan and not for taking away anyone's citizenship.

Under the leadership of Modi, Surya said, several issues of the past have seen closure. These include abrogation of Article 370, construction of Ram temple, Bodo problems and abolition of Triple Talaq.

K Sudhakaran (Cong) said that a time when the economy was going through its worst phase and unemployment was high, the President in his speech talked about making India a USD 5 trillion economy by 2024.

On the comments of the government functionaries that fundamentals of the economy are strong, he said the same expression was used by the then US President George Bush, days before the collapse of the America's iconic investment banker Lehman Brothers.

Not only that, Sudhakaran said even before the Great Depression, the then US President used to say that fundamentals of their economy were strong.

Anupriya Patel (Apna Dal) demanded that the government set up All India Judicial Services Commission to ensure representation of the backward community in the judiciary.

Khagen Murmu (BJP) regretted that West Bengal government was not implementing the welfare schemes of the Centre in the state.

Badruddin Ajmal (AIUDF) said that people of all communities have fought for freedom of the country and it would be incorrect to declare everyone opposing the government's policies as 'gaddar' (traitor).

He said that the government should talk to people protesting against the CAA at Shaheen Bagh and other places, and explain the provisions to them.

Shrirang Appa Barne (Shiv Sena) demanded that the ruling party fulfil all promises it had made to the people of the country.

He regretted that although the government promised to double the income of farmers by 2022, farmers were still committing suicide.

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News Network
March 24,2020

Bengaluru, Mar 24: Eight new positive coronavirus cases were confirmed in Karnataka on Tuesday, taking the tally to 41 in the state, the health department said.

"Till date 41 COVID-19 positive cases have been confirmed in the state which includes one death and 3 discharged," the department said.

According the department bulletin, 37 positive patients are in isolation at designated hospitals and their condition is stable.

Of the 41 confirmed cases, six are transit passengers hailing from Kerala who have landed in airports and being treated in Karnataka.

Among the eight passengers confirmed on Tuesday also three men and a woman are from Kasaragod in Kerala with a history of travel to Dubai and Saudi Arabia respectively.

All the four had landed in Mangaluru, where they are being treated.

The others are: two men, aged 40 and 65, from Uttara Kannada district in Karnataka with travel history to Dubai;

a 56-year-old woman, a resident of Chikkaballapura district, who is a family member and co-passenger of person who tested postive with travel history to Mecca, and a 56-year-old woman, resident of Bengaluru, a contact of another person who has tested positive for the virus,

Among the 41 cases, 24 has been reported from Bengaluru, five from Dakshina Kannada, three each from Kalaburgai and Chikkaballapura, two each from Mysuru and Uttara Kannada, and one each from Kodagu and Dharwad.

All the three discharged patients are from Bengaluru, while one death was reported in Kalaburagi earlier this month, which was the country's first COVID-19 related death.

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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