Zakir Naik ED case: Court reject’s associate’s discharge plea, says prima facie proof of money-laundering

Gazdar sought discharge on the same ground stating that within hours of the ban, an FIR was filed by the National Investigation Agency (NIA) under Unlawful Activities Prevention Act (UAPA). Hence, it cannot be said that there was an unlawful activity committed by the IRF within the day of its ban and that he had assisted the proceeds of crime generated from the activity, Gazdar’s lawyers argued. He also submitted that he is not a member or office bearer of IRF.

The court said Naik’s alleged activities—that of allegedly promoting enmity and hatred between groups through public speeches and lectures—falls within activities under UAPA. The court further said that unlawful activity can be committed by an individual or an association.

“In this matter, as per the prosecution, Dr Zakir Naik was involved in the unlawful activities even prior to the banning of the organisation,” special judge A C Daga said in the order on Wednesday. The court said that Gazdar was a director in Naik’s companies, and was involved in the production of his videos.

“This itself goes to show active involvement of the applicant in the unlawful activity of Dr Zakir Naik….and circulation of the speeches was the mode for generation of proceeds of crime,” said the court adding that prima facie record shows that Gazdar had given Rs 2.35 crore as loan to Naik’s company and had been assured a flat in its exchange. “As such, there is prima facie material on record to proceed further against applicant/accused.

Therefore, no case is made out for discharge,” the court said.

The ED had arrested Gazdar in 2017 and Naik was named as accused in the separate case filed by the NIA as well.

Naik has been absconding and a NIA special court has been informed that the extradition process is ongoing against him.