India says Zakir Naik arrest warrants not enforceable in Malaysia

Mutual legal action treaty allows for investigation cooperation, as Mumbai enforcement directorate says they are monitoring Islamic preacher's movements here.

PETALING JAYA: Indian authorities are monitoring controversial Islamic preacher Zakir Naik’s movements in Malaysia but admit any arrest warrant issued in India is not enforceable by Malaysian police, Hindustan Times reported.

A high-ranking officer with the Mumbai enforcement directorate (ED), which obtained a non-bailable warrant of arrest against Naik on April 20, told the daily that they are aware Naik was in Malaysia since the previous week to receive an award.

On April 16, Malay rights group Perkasa awarded Naik the “Anugerah Bintang Pahlawan Pribumi Perkasa Negara” medal at a ceremony held at the Universiti Malaya Alumni Clubhouse.

Naik is the first international figure to receive the award, which had previously been bestowed on former prime minister Dr Mahathir Mohamad and former information minister Zainuddin Maidin.

According to the Hindustan Times, India has a mutual legal action treaty (MLAT) with 38 other countries, including Malaysia, and as such the authorities are exploring its options under the treaty.

“Efforts to bring him back will continue,” the ED officer said, adding however, that the treaty does not cover the execution of arrest warrants.

On April 13, India’s Prevention of Money Laundering Act Special Court, had issued a non-bailable warrant against Naik in a money-laundering case first filed by the ED, after he failed to appear before it.

According to reports, the National Investigation Agency, which applied for the arrest warrant, said it would seek the help of Interpol to take Naik back to India from abroad.

However, there has been no update since as to whether the NIA was successful in its application for the “red notice” from Interpol.

Asked about a possible “red notice” from Interpol for the arrest of Naik, Inspector-General of Police Khalid Abu Bakar had last week said: “Let them (Indian police) apply first.”

Indian officials said they were also aware that Malaysia had given Naik permanent residence (PR) status, an issue which has aroused a lot of outrage in Malaysia.

According to Hindustan Times, the MLAT defines assistance from foreign governments as only covering taking evidence or statements of people, making arrangements for people to give evidence or to assist in criminal investigation, including the transfer of people in custody, effecting service of judicial documents, executing searches and seizures, examining objects and sites, providing relevant documents and records, including bank, financial, corporate or business records, providing objects, among others.

The action by Indian authorities against Naik follows the banning of his Islamic Research foundation (IRF), in November last year. The NIA had alleged that Naik and others in his organisation had radicalised youth towards terror activities. FMT