The Special Prevention of Money Laundering Act (PMLA) court in Mumbai on Thursday issued an open-ended non-bailable warrant (NBW) against televangelist and Islamic Research Foundation founder Dr Zakir Naik, after he failed to appear before it. The order came on an application filed by the Enforcement Directorate.
In its order, the court maintained that there exists an extradition treaty between the United Arab Emirates (UAE) and India. It held that the accused had failed to appear before the investigating officer and had given evasive replies. Thus, for a thorough investigation in such offences, the presence of the accused is necessary, it held.
When the court was about to pass orders on the ED's application, Naik's advocate Taraq Sayyed filed an application stating that the investigating agency had no right to seek an NBW against his client, as the entire procedure was illegal. “Ideally, as per the PMLA Act, if the agency wants to arrest the accused, then a complaint should be filed by the agency against the accused and then it should approach the PMLA court for further proceedings. However, as agency has not opted for this way, the procedure is illegal,” he said.
In his application, Sayyed added that Naik was ready to co-operate with the agency. “Even today, we have some document on us, which could help the agency in its investigation. Also rest of the interrogation can be done via electronic medium,” Sayyed stated in the application.
The advocate also argued that he was not heard by the court and that orders can be passed on matters only after hearing the accused’s advocate.
ED’s counsel, Hiten Venegaonkar, objected to the defence lawyer’s application saying that the accused does not want to appear before the agency or the court. “Presently too, he is refraining from revealing his address. Thus, it is required to bring the accused to the books,” Venegaonkar said.
While deciding on the ED's application, the court was of the view that since the accused was not present before the court, the application filed by the accused of hearing out his advocate stood rejected.
According to Venegaonkar, the court order would now go to the Ministry of External Affairs, and would later be communicated to the concerned authorities in UAE, who would then issue process on the court’s orders.
The ED had registered a money laundering case against Naik and his NGO on December 30, 2016.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Zakir Naik")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}