‘He has been declared fugitive’: Centre objects to Zakir Naik plea for clubbing of FIRs

Mehta pointed out the petition was defective and submitted that he had instructions that it was being withdrawn. However, the counsel appearing for Naik said he had no such instructions and that the writ was for clubbing about 43 FIRs. He added the Supreme Court stayed the proceedings in 2013 and that the defects were being cured.

Meanwhile, Justice Oka pointed out that the petitioner was not seeking transfer anymore and was seeking quashing.

Mehta said that though the state’s counter affidavit is ready, it can be filed only after the defects highlighted by the Registry are removed. The defect, he added, could possibly be that there is no signature of the petitioner on the plea. “A fugitive is unable to give his signature,” he said.

Justice Oka said the court can direct the Registry to accept the counter affidavit but Mehta wondered if the court can waive the objections raised by the Registry. The court said it is not waiving any objection but only saying that the counter affidavit can be filed since it is ready.

The bench finally permitted the state to file its counter affidavit and asked Zakir Naik’s counsel to file an affidavit stating if he wished to pursue the matter or withdraw the plea.

The court will hear the matter again on October 23.

Naik has been charged with money laundering and inciting extremism through hate speeches, and left India in 2016. He was granted permanent residency in Malaysia by the government led by Mahathir Mohamed.