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The Ministry of Home Affairs (MHA) on Wednesday notified the order passed by the Unlawful Activities (Prevention) Tribunal on March 9, 2022 affirming 5-year ban imposed by the Central Government on Zakir Naik’s Islamic Research Foundation (IRF).

The order passed by the tribunal consisting Delhi High Court Chief Justice D. N. Patel reads that there are sufficient reasons and causes for declaring the Islamic Research Foundation as an unlawful association.

“…consequently, this Tribunal confirms the Notification dated 15.11.2021, issued by the Government of India for the imposition of ban on IRF for a period of five years with effect from the date of the aforesaid notification, i.e. 15.11.2021,” the order adds.

On November 15, the Central Government declared IRF an unlawful association for the second time and the MHA extended for five years the ban imposed on IRF in the year 2016, headed by India-born preacher Naik, currently based in Malaysia.

Thereafter, a UAPA Tribunal was constituted on December 13, 2021, to adjudicate whether or not there was sufficient cause for such declaration.

The instant order summarises the imposition of the ban on IRF, the reasons for such ban as reiterated by Solicitor General of India Tushar Mehta appearing for the Union of India and the defence arguments as forwarded by Mr. S. Hari Haran appearing for the IRF before the Tribunal.

The Central Government alleged that Naik, despite leaving for Malaysia in 2016, continued to reach out to his followers propagating his teachings via frequent videos and posts on social media.

The Government found that the IRF, having its registered office in Mumbai, and its Founder and President Naik been encouraging and aiding its followers to promote or attempt to promote, on the grounds of religion, disharmony or feelings of enmity, hatred or ill-will between different religious communities.

The Central Government concluded that Naik’s speeches were objectionable as he had been extolling known terrorists, proclaiming that every Muslim should be a terrorist and promoting forcible conversion of the youth to Islam, justifying the suicide bombings, posting objectionable comments against Hindu, Hindu’s God and other religions which are derogatory to other religions.

Furthermore, the unlawful activities of IRF, its members as well as its sympathizers were noticed in States of Gujarat, Karnataka, Jammu and Kashmir, Jharkhand, Kerala, Maharashtra and Odisha…thus, it was necessary to declare the IRF as an unlawful association, reasoned the Central Government.

On the other hand, Counsel for the IRF argued before the Tribunal bench that the Notification of November 15, 2021 as issued by the Central Government did not disclose the specific grounds or any conclusion drawn from the facts and material that allegedly existed before with the Central Government.

He claimed that IRF is a charitable institution working for the betterment of society. He submitted that “an organization which has worked for upliftment of minority community both socially and educationally through education and scholarship is being banned due to some mischievous utterings of an individual, who has apologized for the same.”

However, the Tribunal concluded that though counsel for IRF had argued, that no new material has been put forth by the Central Government to justify imposition of consecutive ban on IRF, evidence submitted by the Central Government, reflected that not only Dr. ZakirNaik continues to be active on social media but he also continues to propagate his activities in various Gulf countries.

"The entire material placed on record goes to show that the IRF is involved in such activities which not only incite and encourage the youth to undertake the unlawful activities with an intent to threaten the sovereignty, unity, integrity and security of India," Tribunal noted.

Therefore, Tribunal held, “It can be safely stated from the perusal of the evidence, that actions and conduct of Dr. Zakir Naik, who is admittedly heart and soul of IRF, are prejudicial to the national interest of India”.