Justice DN Patel Led UAPA Tribunal To Adjudicate Upon 'Unlawful Association' Status Of Zakir Naik's Islamic Research Foundation

The Central Government on Monday constituted a one-member tribunal consisting of Delhi High Court's Chief Justice DN Patel to adjudicate upon the 'Unlawful Association' status of Zakir Naik's Islamic Research Foundation.

It may be noted that the Central government has already declared Islamic Research Foundation (on November 15, 2021) as an unlawful association and as per the mandate of Section 4 of the Unlawful Activities (Prevention) Act, 1967, this Tribunal has been constituted.

As per Section 4 of UAPA, the decision of the government to declare an association as unlawful has to be confirmed by a Tribunal. The Central Government has to constitute such a tribunal within 30 days for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful.

Further, Section 5 provides for the constitution of such tribunal, consisting of one person. It may be noted that no person can be so appointed unless he is a Judge of a High Court. 

The notification issued by the Ministry of Home Affairs states thus:

"Whereas, the Islamic Research Foundation has been declared as an unlawful association , vide notification number S.O. 4731 (E), dated the 15th November, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii); Now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby constitutes an Unlawful Activities (Prevention) Tribunal consisting of Justice D.N. Patel, Chief Justice, High Court of Delhi, for the purpose of adjudicating whether or not there is sufficient cause for declaring the Islamic Research Foundation as an unlawful association."

The Delhi High Court in 2017 upheld the Centre's decision to ban NRI televangelist Zakir Naik's NGO Islamic Research Foundation (IRF) for five years.

Observing that the Ministry of Home of Affairs (MHA) has "sufficient material for immediate ban", Justice Sanjeev Sachdeva had dismissed Naik's plea, which has challenged the ban order.

In June 2018, the Bombay High Court had dismissed Islamic Research Foundation (IRF) founder Zakir Naik's petition challenging revocation of his passport and also seeking a 'stay on arrest of the petitioner'.

Click Here To Read/Download MHA Notification