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Thursday, 2 February 2017

P Waythamoorthy (HINDRAF) threatens to sue DPM over Zakir Naik



KARTHIG SHAN
ADVOCATES & SOLICITORS 
PEGUAMBELA & PEGUAMCARA

KARTHIGESAN SHANMUGAMPPN
LLB (HONS) LONDON, CLP, ACIArb, Mediator (MMC)


KAVITTHA SUBRAMANIAM LLB (HONS) MMU

OUR REF : KS/L/700/17 
YOUR REF:

DATE: 1.2.2017
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YAB Dato Seri Ahmad Zahid Hamidi                                             WITHOUT PREJUDICE
Deputy Prime Minister
Minister of Home Affairs
Office of The Deputy Prime Minister of Malaysia 
Level 4, West Block, Perdana Putra Building 
Federal Government Administrative Centre 
62502, Putrajaya
MALAYSIA

Attn: YAB Dato Seri Ahmad Zahid Hamidi

Sir,

Re: Hate preacher Zakir Naik roaming free in Malaysia. 
Threat to National Security.
_____________________________________________________________________
We act for Mr. Waytha Moorthy Ponnusamy, Chairman of human rights advocacy group HINDRAF Malaysia.

We are instructed by our client, that the above named hate preacher Dr.Zakir Naik has been permitted by the Home Ministry to enter Malaysian borders, reside and to deliver lectures and sermons in Malaysia.


We are further instructed by our client, that;
a) Dr. Zakir Naik who is also a fugitive and wanted for terrorist links

investigations in India has been allowed to conduct Friday sermons in a Masjid in Arau, hosted by the Perlis Islamic Religious Affairs Department, Perlis Islamic Affairs and Malay Customs Council, and the Office of Perlis Mufti;
b) Our client has received reliable information that Dr.Zakir Naik has been granted a permanent resident status under the sponsorship of a prominent individual with a “Dato” title who is also attached and/or connected to the Prime Minister’s Department;
c) Dr. Zakir Naik is also a banned person in various other countries for his associations with terrorist link groups;
d) Dr. Zakir Naik has also visited a private Islamic-Centric University in Shah Alam, Selangor which is also under investigations for radical teaching, after two of their students were arrested, suspected of being Islamic State recruits, planning a terror attack locally;
e)  Our client has also prior to this, issued a statement requesting your goodself to confirm whether or not, Dr. Zakir Naik has been accorded a permanent resident status for which till to date, you and/or your ministry has failed, refused and/or neglected to provide any reply whatsoever, or to deny the statement issued by our client;
f)  Dr.Zakir Naik is a threat to Malaysian National Security, to the harmony and the peaceful co-existence of the people of Malaysia, for his act of openly promoting terrorism, denigrating and ridiculing members of other faith
g)  Dr.Zakir Naik is extremely dangerous to community cohesion, religious tolerance and race –relations.
h)  Dr Zakir Naik’s presence would be undesirable and not conducive to the public good.

We are therefore, now instructed to demand which we hereby do demand from your goodselves as the Minister of the Home Affairs to provide:-
  1. Transparent answers as to whether Dr. Zakir Naik has been granted a permanent resident status in Malaysia;
  2. What is the logic behind harbouring Dr. Zakir Naik and to allow him freedom of movement and to deliver lectures and sermons in Malaysia, despite his international status of threat to National Security?
  1. To confirm whether the Government is committed to curb fundamentalism and extreme teaching especially when it is a known fact that the Malaysians are believed to have already been engaging in terrorism activities in Malaysia and abroad?
  2. Whether the Government has taken into account National Security as the paramount interest in allowing Dr.Zakir Naik to roam free in Malaysia and if the answer is yes what were the grounds taken into consideration?
  3. What would your reply be to the inaction of The Inspector General of Police who has not responded to our clients letter dated 14th April 2016
  4. Whether you are aware that Dr. Zakir Naik is a wanted fugitive in India allegedly for terrorism and money laundering linked activities and there is a ban on his Islamic Research Foundation by the Indian Government in exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967?
  5. Whether you are aware The Indian Central Government has received information that the statements and speeches made by Dr. Zakir Naik, 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?
  6. Whether you are aware The Indian Central Government has received information that 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?
  7. Whether you are aware The Indian Central Government has received statements of some terrorists arrested in the terrorist attack incidents or arrested ISIS sympathizers revealed that they were inspired by the fundamentalist statements of Dr. Zakir Naik, clearly indicating the subversive nature of his preaching’s and speeches?

We therefore on our client’s instructions demand which we hereby do demand from you in the capacity as the Home Minister to provide a reply to this letter within seven (7) days from the date of this letter.

Should you as the Home Minister fail, refuse and/or neglect to provide a satisfactory reply, we have strict instruction from our client to institute legal proceedings in the interest of National Security against you in the capacity of Home Minister and the Ministry of Home Affairs responsible for the Security and peaceful co-existence of the people of Malaysia to prevent any undesirable activities of Dr. Zakir Naik and to seek his immediate removal from Malaysia.

Yours faithfully,

KARTHIGESAN SHANMUGAM (For and Behalf Messrs Karthig Shan)

Cc: Client 







KUALA LUMPUR: Hindraf chairman P Waythamoorthy has demanded that Home Minister Ahmad Zahid Hamidi respond to questions he posed on Indian Muslim televangelist Zakir Naik, whom the activist deemed a national security threat who is “openly promoting terrorism, denigrating and ridiculing members of other faiths”.
“Naik is extremely dangerous to community cohesion, religious tolerance and race-relations. His presence would be undesirable and not conducive to the public good,” said Waythamoorthy in a letter of demand filed through his lawyers.
Zakir delivered a Friday sermon last week on the invitation of the Perlis religious authority.
Zahid’s failure to respond to the issues in a week would result in Waythamoorthy initiating legal action.
The letter of demand, dated yesterday, questioned whether Zakir was granted permanent resident status in Malaysia and the logic of harbouring him in Malaysia even though he is deemed a national security threat in many countries.
Waythamoorthy also questioned whether national security was taken into account before allowing him into the country.
“… whether the government has taken into account national security as the paramount interest in allowing Naik to roam free in Malaysia and if the answer is yes what were the grounds taken into consideration?”
He also questioned Zahid on the inaction of Inspector-General of Police Khalid Abu Bakar to respond on the status of investigation in a letter dated April 14, 2016 despite numerous police reports lodged against Zakir.
Waythamoorthy also reminded Zahid that Zakir is wanted in India “allegedly for terrorism and money laundering linked activities and there is a ban on his Islamic Research Foundation by the Indian Government in exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967”.
He also asked whether Zahid is aware that India found that Zakir had delivered subversive and objectionable speeches.
Lastly, he questioned whether Zahid knew that Zakir was promoting enmity and hatred between different groups in India while inspiring Muslim youths to commit acts of terror, which is an offence under section 153A of the Indian Penal Code.
Section 153A of the Indian Penal Code refers to hate speech.