MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 17th November, 2016
S.O. 3460(E).—WHEREAS, the Islamic Research Foundation (hereinafter referred to as the IRF) is registered with the office of the Charity Commissioner, vide registration no. B-1409-Mumbai dated the 21st December, 1990 and having its registered office at Masalawala Building, 2nd Floor, 56 Tandel Street (North), Dangri, Mumbai-400009 and another office at 195/2 13, S.V.P. Road, Dangri, Mumbai-9;
AND WHEREAS, the IRF and its members, particularly, the founder and President of the said Association, Dr. Zakir Naik, has been encouraging and aiding its followers to promote or attempt to promote, on grounds of religion, disharmony or feelings of enmity, hatred or ill-will between different religious communities and groups;
AND WHEREAS, the Central Government has received information that the following cases have been registered against Dr. Zakir Naik and other members of the IRF:-
(a) Nagpada Police Station, Mumbai has registered a case CR No. 271/16, under sections 10, 13 and 38 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) against Arshi Qureshi, an employee of IRF and Others on 6th August, 2016 on the basis of a complaint of Abdul Majeed, Father of Ashfaq Majeed, one of the missing youth from Kerala, who has apparently joined Islamic State of Iraq and Syria (ISIS). In the complaint, Abdul Majeed alleged that Arshi Qureshi of IRF was responsible for radicalization of Ashfaq, which led the later to join ISIS;
(b) Palrivattam Police Station in Kerala has registered a case, CR No. 1017/16 dated 16.07.2016, under sections 153 A, 34 of Indian Penal Code (IPC), and Section 13 of UAPA against Arshi Qureshi, resident of Navi Mumbai, an employee of IRF. The Kerala Police arrested Arshi Qureshi in this case in July, 2016 for his role in promoting hatred and ill-will between different religious communities and forcible conversion of Kerala youth, who went missing and are suspected to have joined the ISIS;
(c) Sawantwadi Police Station of Sindhudurg District registered a case, CR No. 73/12, under sections 117, 153 A, 295 A, 298 and 34 of the IPC against Dr. Zakir Naik, the President of IRF, for making derogatory statements against Hindu gods and he has been chargesheeted in 2014;
(d) Vengurla Police Station of District Sindhudurg registered a case CR No. 51/12 dated 25.10.2012 under sections 153 A, 295 A and 298 of the IPC against Dr. Zakir Naik for making derogatory statements against Hindu gods and he has been chargesheeted in 2014;
(e) Kurla Police Station of Mumbai registered a case CR No. 44/2013 dated 23.02.2013 under sections 153 A, 295 A, 505(2) of the IPC and 66 A of the Information Technology Act, 2002 against Dr. Zakir Naik for making derogatory statements against Hindu gods;
AND WHEREAS, the Central Government has received information that the statements and speeches made by Dr. Zakir Naik, the President of IRF are objectionable and subversive in nature as he has been extolling the known terrorists like Osama Bin Laden, proclaiming that every muslim should be a terrorist and claiming that if Islam had indeed wanted, eighty percent of Indian population would not have remained Hindus as they could have been converted “if we wanted” by sword, justifying the suicide bombings, posting objectionable comments against Hindu gods, claiming that Golden Temple may not be as sacred as Mecca and Medina and making other statements which are derogatory to other religions;
AND WHEREAS, through such speeches and statements, Dr. Zakir Naik has been promoting enmity and hatred between different religious groups and inspiring muslim youths and terrorists in India and abroad to commit terrorist acts, thus attracting punishment under Section 153 A of the IPC;
AND WHEREAS, such divisive ideology is against India’s pluralistic and secular social fabric and it may be viewed as causing disaffection against India and thereby making it an unlawful activity;
AND WHEREAS, statements of some terrorists arrested in the terrorist attack incidents or arrested ISIS sympathisers revealed that they were inspired by the fundamentalist statements of Dr. Zakir Naik, clearly indicating the subversive nature of his preachings and speeches;
AND WHEREAS, the Central Government is of the opinion that the aforesaid activities of the IRF and its President Dr Zakir Naik are highly inflammatory in nature and prejudicial to the maintenance of harmony between various religious groups and communities and if urgent steps are not taken there is every possibility of many youth being motivated and radicalized to commit terrorist acts leading to promoting enmity between different religious groups;
AND WHEREAS, the Central Government, having regard to the above circumstances, is of the firm opinion that it is necessary to declare the Islamic Research Foundation (IRF) as an unlawful association with immediate effect.
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the Islamic Research Foundation to be an unlawful association;
AND WHEREAS, the Central Government, having regard to the above circumstances, is of the opinion that it is necessary to declare the Islamic Research Foundation as an unlawful association with immediate effect; and accordingly, in exercise of the powers conferred by the proviso to sub-section (3) of section 3 of the Unlawful Activities (Prevention) Act, 1967, the Central Government hereby directs that this notification shall, subject to any order that may be made under section 4 of the said Act, have effect from the date of its publication in the Official Gazette.
[F. No. 11034/17/2016-IS-VI]
SUDHIR KUMAR SAXENA, Jt. Secy.
