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
May 22,2020

Bengaluru, May 22: Karnataka government on Thursday announced that weddings scheduled for May 24 and May 31 are exempted from complete lockdown on Sundays.

As per an earlier advisory issued by the State government with regard to weddings, not more than 50 guests shall be allowed and the consumption of liquor on the occasion will be prohibited.

According to the advisory, sanitisers should be provided at the entry and other appropriate places at the venue. Also, thermal screening of all persons shall be conducted at the entry of the venue. The scanner should be held 3-15 cms away from a person's forehead.

Apart from this, the venue shall be "clean and hygienic," and a "nodal person shall be identified for overseeing the arrangements and coordination at the venue."

Also, a list of attendees with contact details has to be maintained and all guests should have downloaded Aarogya Setu app.

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News Network
June 14,2020

Mangaluru, June 14: Private schools under the aegis of Association of English Medium Schools in Dakshina Kannada and Udupi urged the State government to reimburse the arrears of the fee related to admission of students under the Right to Education (RTE) Act.

Speaking to newsmen here on Sunday association president Y. Mohammed Beary said the State government has not cleared the arrears for the last two years. “The 400 private schools in two districts have to get around Rs 2 crore,” he said and added that the overall arrears that the government has to pay to schools in the State are around Rs1,200 crore.

Mr. Beary said arrears have made the school managements like his, who collect annual fees of about Rs 20,000 from a student, hard to function. Due to lockdown from March the schools could not conduct annual examinations and hence they could not collect pending fees from parents.

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Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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