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
January 4,2020

Mangalore, Jan 4: Writer-Researcher Dr Indira Heggade has been elected as the president of Mangaluru Taluk Sahitya Sammelan, which will be held on January 29 at St Agnes College in the City.

Dr Indira Heggade has brought out three stories, four novels and one poetry. She co-wrote 'Guttininda Sainika Jagattige' with SR Heggade.

Also, she translated 'Bantaru Vandu Samajo Samskrutika Adhyana' into English.

She is the recipient of various award given by literary and cultural organisations of Karnataka, including Janapada Academy Award, and Rani Abbakka Award.

Indira Heggade, along with receiving several awards in foreign nations, honoured with Sahitya Academy Award, Kamana Rangaswamy Dattinidhi Awards.

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coastaldigest.com news network
March 2,2020

Kundapur, Mar 2: A 43-year-old man was arrested by the local police in Udupi district after he allegedly raised pro-Pakistan at Mini Vidhana Soudha in Kundapur today morning.

The man has been identified as Raghavendra Ganiga (43), a resident of Kody in Kundapur. He was working as a Hindi teacher in a private school in the town a few years ago.

According to sources, Ganiga arrived at the Mini Vidhana Soudha at around 10 am and scaled the steps to the building raising 'Pakistan Zindabad' slogans repeatedly.

He continued to raise slogans on the corridor and after entering a hall.  A few people recorded this drama on their mobile phones and informed the police.

Later, Kundapur tahisldar filed a written complaint against with the local police, who took Ganiga into custody.

According to police, Ganiga was under depression after his wife deserted him and left him with their only child.

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News Network
February 19,2020

Bengaluru, Feb 19: Pointing out that there was a deliberate attempt to cover up police excesses by implicating innocent persons at whim, the Karnataka High Court on Tuesday granted conditional bail to 21 people who were accused by police of involving in violence during the protests against the Citizenship Amendment Act (CAA) in Mangaluru.

Allowing the bail petitions of Ashik and 20 others from Udupi and Dakshina Kannada districts, Justice John Michael Cunha said the overzealousness of the police is also evident from the fact that FIRs were registered under Section 307 of IPC against the persons killed by the police themselves.

“In an offence involving a large number of people, the identity and participation of each accused must be fixed with reasonable certainty. In the present cases, the identity appears to have been fixed on the basis of their affiliation to PFI and they being members of the Muslim community. Though it is stated that the involvement of the petitioners is captured in CCTV footage and photographs, no such material is produced before the court showing the presence of any of the petitioners at the spot, armed with deadly weapons,” the judge noted.

In the statement of objections filed by the State Public Prosecutor-I, it was stated that there was a hint of Muslim youths holding protest on December 19, 2019, opposing the implementation of CAA. Prohibitory orders were clamped in that connection. This assertion indicated that the common object of the assembly was to oppose the implementation of CAA and National Register for Citizens (NRC) which, by itself, was not an “unlawful object”, the judge pointed out.

‘Pics show cops throwing stones at crowd’

Justice Cunha also said the material collected by the investigators did not contain any specific evidence regarding the presence of any of the petitioners at the spot. On the other hand, omnibus allegations were made against the Muslim crowd of 1,500-2,000, alleging that they were armed with weapons like stones, soda bottles and glass pieces. The photographs produced by the SPP depicted that hardly any member of the crowd were armed with weapons, except one of them holding a bottle. In none of these photographs, police station or policemen were seen in the vicinity, the judge noted.

“On the other hand, photographs produced by the petitioners show that the policemen themselves were pelting stones at the crowd. The petitioners have produced copies of the complaints lodged by the dependants of the deceased who died due to police firing and the endorsement made thereon reveals that even though the law required the police to register independent FIRs in view of the specific complaint made against the police officers making out cognizable offences, the police have failed to register FIRs. This goes to show that a deliberate attempt is underway to cover up police excesses by implicating innocent persons at the whims and caprice of the police,” the judge observed.

In the wake of counter-allegations against the police and in the backdrop of their failure to register FIRs based on complaints lodged by the families of victims, the possibility of false and mistaken implication could not be ruled out, the judge said. In these circumstances, it would be a travesty of justice to deny bail to the petitioners and sacrifice their liberties to the mercy of the district administration and police. The records indicate that a deliberate attempt has been made to trump up evidence and to deprive the liberties of the petitioners by fabricating evidence. None of the petitioners have any criminal antecedents, the court said.

“The allegations levelled against the petitioners are not punishable with death or imprisonment for life. There is no direct evidence to connect them with the alleged offence. The investigation appears to be malafide and partisan. In the circumstances, in order to protect the rights and liberties of the petitioners, it is necessary to admit them to bail,” the judge said.

The petitioners were arrested and remanded in judicial custody after the anti-CAA protests on charges of being members of an unlawful assembly, armed with lethal weapons, attempting to set fire to the North Police Station in Mangaluru, obstructing the police from discharging their duties and causing damage to public property, etc., on December 19 in violation of the prohibitory orders. They moved the High Court as their bail pleas had been rejected by a sessions court in Dakshina Kannada.

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