The Maharashtra government objected to a writ petition filed by Islamic preacher Zakir Naik, who sought to club multiple FIRs registered against him across India on Wednesday. The state argued that a person declared a fugitive cannot file such a petition under Article 32.
Naik, who faces charges based on the allegations of money laundering and inciting extremism, left India in 2016 and is currently residing in Malaysia under permanent residency granted by the government led by Mahathir Mohamed.
During the hearing, Solicitor General Tushar Mehta, representing the Maharashtra government, raised concerns about Naik's legal standing in filing the petition. The 2013 plea, which had come before a bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih, sought to consolidate approximately 43 FIRs lodged against Naik in various parts of the country.
Mehta indicated that the petition was defective and hinted at its possible withdrawal. However, Naik’s counsel refuted these claims, stating that he had no instructions regarding the withdrawal and clarified that the defects in the petition were being addressed.
The Supreme Court had previously stayed proceedings related to the FIRs in 2013. In this latest hearing, Justice Oka noted that Naik was no longer seeking a transfer of cases but was instead seeking to quash the FIRs. The state's counter affidavit was prepared but could not be filed due to outstanding defects in the petition, including the absence of Naik’s signature. Mehta highlighted the challenge posed by Naik’s status as a fugitive, which prevented him from signing the plea.
The court allowed Maharashtra to file its counter affidavit but stressed that the petition’s defects must be resolved. It also directed Naik’s counsel to submit an affidavit indicating whether Naik intended to pursue the matter or withdraw his plea. The case is scheduled for its next hearing on October 23.