National Investigation Agency
Ministry of Home Affairs, Government of India.
Date: 26.10.2017
PRESS RELEASE
(Charge Sheet filed in NIA Case RC-05/2016/NIA/MUM)
IRF CASE
On 26th of October, 2017, the National Investigation Agency (NIA) filed a charge sheet before the NIA Special Court, Mumbai, in NIA case no. RC-05/2016/NIA/MUM (IRF Case). The charge sheet has been filed under section 10 UA (P) Act and Sections 120B, 153A, 295A, 298 and 505(2) IPC
2. The accused persons against whom charge sheet has been submitted in the case are as under: 1) Zakir Abdul Karim Naik under Sections 120B, 153A, 295A, 298 & 505(2) of the IPC and Section 10 of the UA(P) Act
2) Islamic Research Foundation (IRF), Mumbai under Sections 120B, 153A, 295A, 298 & 505(2) of the IPC
3) Harmony Media Private Limited (HMPL) under Sections 120B, 153A, 295A, 298 & 505(2) of the IPC
2) Islamic Research Foundation (IRF), Mumbai under Sections 120B, 153A, 295A, 298 & 505(2) of the IPC
3) Harmony Media Private Limited (HMPL) under Sections 120B, 153A, 295A, 298 & 505(2) of the IPC
3. The investigation has revealed that Zakir Naik is the founding trustee and a member of an Unlawful Association, i.e., the Islamic Research Foundation. He has been promoting enmity and hatred between different religious groups in India through his public speeches and lectures. He has conspired with the IRF Trust and the Harmony Media Private Limited to commit offences of (i) promoting enmity and hatred between different religious groups in India through his public speeches and lectures (ii) deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
4. The investigation conducted by NIA has firmly established that the incriminating public speeches/utterings have been in circulation through the electronic media, such as CD/DVD and web portals Facebook/ YouTube, etc.; and have been, and continue to be seen, across the world. The minutes of IRF board of trustees’ meetings disclose that IRF had approved, organized, promoted and funded public lectures of accused Zakir Naik including his incriminating speeches. The seized material such as DVD and books list IRF as the publisher.
5. The Investigation has also established the role of Harmony Media Private Limited in collusion with recording the incriminating speeches of a ccused Zakir Abdul Karim Naik, editing the same for public view, making master DVD of incriminating speeches for further replication and circulation to general public, forwarding the speeches to the Global Broadcast Corporation, Dubai, for broadcast in the Peace TV.
6. The investigation has established that many incriminating speeches of accused Zakir Naik were delivered during the 10day Peace Conference organized by IRF in Mumbai from 2007 to 2011. The Minutes of IRF Board of Trustee’s Meetings confirm that the IRF had planned, organized, funded and promoted this event where there was open exhortation to convert people of other religion into Islamic religion by Zakir Naik. His lecture tours were funded by the IRF. The covers of incriminating DVDs also h ad the name of the IRF along with its address. His derogatory, insulting and controversial comments have always been defended by the IRF.
7. During the investigation, it was found that through his public lectures/speeches, accused Zakir Naik and maliciously insulted the religious beliefs of Hindus, Christians and non Wahabi Muslims, particularly Shia, Sufi, and Barelwis, with intention of outraging their religious feelings, and IRF and HMPL have been instrumental in the maximum circulation of TV program.
8. During the investigation, nine speeches and/or utterings, in particular, were found to be inflammatory as they hurt the religious sentiments besides inciting violence. These speeches are tit led as (i) ‘Terrorism and an Islamic Perspective’, (ii) ‘Media and Islam: War or Peace’ (iii) ‘ZN se Poochiye Sawal wa Jawab ka Khula Ijlaas’, (iv) ‘Zakir Naik se Poochiye sawal wa Jawab ki Khuli Nashisht’ (v) ‘Similarities between am’ (QA Session), (vi) ‘Concept of God’ (Q & A Session),(vii) Ask Dr.Zakir an exclusive open question and answer session Chennai, (viii) Ask Dr. Zakir an exclusive open question and answer session, Dubai Day 1, (ix) Ask Dr. Zakir an exclusive open question and answer session, Dubai Day2.
9. The investigation has also brought on record that in September 2012, during the Ganpati festival, two quotes of Zakir Naik taken from his speech given earlier in Srinagar, were uploaded on his Facebook account by the IRF for public view. The texts were (i) ‘If you prove to me that Shri Ganesh is Bhagwaan then I will eat the prasaad,’ and (ii) ‘If your ‘Bhagwan’ cannot recognize his own son (Sri Ganesh), how will he recognize me if I fall into any difficulty?’ The religious sentiments of followers of Hindu faith were deeply hurt by these insulting and deriding comments. The investigation has revealed that Zakir Naik admitted before the Supreme Court that the said controversial quotations were posted on his Facebook accoun t by an employee of the IRF named Asif Sheikh. Though Zakir Naik told the court that the said Asif Sheikh was no longer an employee, the investigation has revealed that he continued to work in the same capacity but his name was removed from the list of IRF employees to coverup the matter, and he was shown as an employee of another outfit styled as ‘Islamic Dimensions’
10. The Investigation has established that the Peace TV was found guilty of breaching Rule 2.3 of the Communications Act, 2003, in the UK as well, because in presenting his theological views on these points, Zakir Naik did not include any reference to alternative interpretations by Muslim scholars [ presented ] , nor sought to mitigate the potential offence by providing sufficie of the views he nt context for his remarks.
11. The investigation has further revealed that the IRF and the IRF Educational Trust have received huge donations from the public, within India and from abroad. Most of the acknowledgment receipts show only ‘Well Wisher’ inste 12. During the ad of the real name of the donor.
12. During the investigation, it has been found that Nailah Naushad Noorani, sister of Zakir Naik, was a trustee of the IRF Educational Trust along with him. When Zakir Naik became Nailah Nausha d Noorani as Director in Harmony Media as well as in Longlast Constructions Company, in his place. It was found that she was Director on paper only; all the affairs of companies were handled by her brother. She signed the cheques on the instruction of her brother and had no knowledge of the company affairs. Furthermore, she had received Rs 29 crores from Zakir Naik through her parent’s bank account between 2013 and 2016. This money was further invested into Harmony Media and Longlast Constructions company a s per Zakir Naik’s instructions.
13. The investigation has revealed that huge funds have been received by the domestic and foreign entities and individuals related to accused Zakir Naik. The investigation has also revealed that huge quantity of cash has b een generated in the system by entities and individuals connected to Zakir Naik which has been invested in real estate and holding companies. The investigation has revealed that there are 19 [Nineteen] immovable properties, including land and building, wor th Rs 104 [One hundred and four] Crores connected with the cused Zakir Naik. The source as well as the the mode of acq uisition of these properties is being investigated.
14. During the investigation sufficient oral, documentary, technical, forensic and material evidence has been collected which establishes the criminal conspiracy in promoting enmity and hatred between different religious groups in India through public speeches and lectu res. Zakir Naik has deliberately insulted other religions or religious beliefs under the aegis of IRF with the help of HMPL to cause dissatisfaction.
15. Further investigation is in progress.