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Zakir Naik Exclusion From UK Lawful - High Court Judgment

Zakir Naik Exclusion From UK Lawful - High Court Judgment

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Published by dharma next
Zakir Naik was rightly banned from the United Kingdom - High Court Judgment
Zakir Naik was rightly banned from the United Kingdom - High Court Judgment

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Published by: dharma next on Nov 06, 2010
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01/12/2013

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 Neutral Citation Number: [2010] EWHC 2825 (Admin)Case No: CO/8625/2010
 IN THE HIGH COURT OF JUSTICEQUEEN'S BENCH DIVISIONADMINISTRATIVE COURT
Royal Courts of JusticeStrand, London, WC2A 2LLDate: 05/11/2010
 Before
:
MR JUSTICE CRANSTON
- - - - - - - - - - - - - - - - - - - - -
Between :Dr Zakir Naik Claimant- and -(1) The Secretary of State for the HomeDepartment(2) Entry Clearance Officer, Mumbai, IndiaDefendants 
- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -
Raza Husain QC, Matthew Ryder QC and Duran Seddon
(instructed by
ITN Solicitors
) forthe
ClaimantJames Eadie QC and Jeremy Johnson
(instructed by
Treasury Solicitors
) for the
Defendants
 Hearing dates: 20, 21 October 2010- - - - - - - - - - - - - - - - - - - - -
Approved Judgment
 
Judgment Approved by the court for handing down.
Naik v SSHD
Mr Justice Cranston:
 INTRODUCTION1.
 
Dr Naik, the claimant, is a leading Muslim writer and public speaker. He has made anumber of statements which the Secretary of State regards as being on their facesupportive of Osama Bin Laden, anti-Jewish and otherwise unacceptable. She is alsoconcerned about reports suggesting that Dr Naik’s broadcasts may have influencedthose who have instigated terrorist attacks. On 16 June 2010 she decided to excludehim from the United Kingdom. The decision was made under the Secretary of State’spersonal power to exclude non-nationals from this country on the grounds that it isconducive to the public good and the Home Office’s published policy on“unacceptable behaviours”. In this judicial review Dr Naik challenges the Secretaryof State’s decision. Dr Naik also challenges the consequent decision on 17 June 2010to revoke his entry clearance visa; the confirmation on 25 June of the exclusiondecision; and the final decision by the Secretary of State dated 9 August 2010, madefollowing a reconsideration of his representations, to confirm Dr Naik’s exclusionfrom the United Kingdom. The four broad grounds of challenge are breach olegitimate expectation, procedural unfairness, violation of the right to freedom of expression pursuant to article 10 of the European Convention on Human Rights(“ECHR” or “the Convention”); and the failure to give sufficient reasons, to takeaccount of all relevant circumstances and to act rationally.BACKGROUNDThe claimant and his interests2.
 
Dr Zakir Naik is a national of India, born in 1965. He graduated in medicine from theUniversity of Mumbai. Since then he has become a figure of significant influence inthe Muslim world, whose public appearances frequently attract crowds of manythousands. Over the past 13 years, Dr Naik has delivered more than 1,300 publicaddresses around the world. A particular feature of them is the associated questionand answer sessions. Over 100 of his talks, dialogues, debates and symposia areavailable on recordings. Since 2007, he has organised an annual international peaceconference in Mumbai, which now attracts over one million people. Dr Naik is theauthor of books on Islam and comparative religion. He has participated in symposiawith leading figures of other faiths. In a list of the top 10 spiritual gurus of India,published in the Indian Express in 2010, Dr Naik was listed first. In an articlepublished in the Sunday Express on 22 February 2010, Dr Naik was ranked 89 in alist of the 100 most powerful Indians of 2010. In her letter to MPs on 17 June 2010the Minister of State for Security, Rt Hon Baroness Neville-Jones, described Dr Naik as a leading Muslim writer and public speaker.3.
 
In 1991 Dr Naik established the Islamic Research Foundation, a non-profit makingorganization based in Mumbai. Dr Naik is president of the foundation. Thefoundation promotes Da’wah, the proper presentation, understanding and appreciation
 
Judgment Approved by the court for handing down.
Naik v SSHD
of Islam. Dr Naik is also chairman of the Islamic Research Foundation International(“IRFI”), a charity based in the United Kingdom and regulated by the CharityCommission. Dr Naik is the chairman and director of Harmony Media, a not for profitmedia production company in India, constituted under Indian Law. He is also thedirector and chairman of Global Broadcasting Corporation, a not for profit broadcastcompany constituted in Dubai. Universal Broadcasting Corporation Ltd (“UBCL”) isa non profit making company in the United Kingdom, limited by guarantee. Dr Naik is a director and chairman. UBCI wholly owns Lords Production Inc Ltd, a non profitmaking company in the United Kingdom, which holds the broadcast licence for PeaceTV. The broadcasts on this channel are public talks to advance the faith and practiceof Islam. The Peace TV channel is transmitted using the BSkyB platform across theUnited Kingdom and Europe and also provides feeds for the United States. Peace TVhas a studio presence in the United Kingdom and India and is regulated by OFCOMin the United Kingdom. IRFI provides some funding for Peace TV.4.
 
In the course of his role as a public speaker on Islam Dr Naik made a number of public pronouncements in the decade following 1997, which are relevant to thedecisions challenged in these proceedings. As identified by the Secretary of Statethese are as follows:“Statement 1: As far as a terrorist is concerned, I tell theMuslims that every Muslim should be a terrorist... What is themeaning of the word terrorist? Terrorist by definition means aperson who terrorises. When a robber sees a policeman he’sterrified. So for a robber, a policeman is a terrorist. So in thiscontext, every Muslim should be a terrorist to the robber...Every Muslim should be a terrorist to each and every anti-social element. I’m aware that terrorist more commonly is usedfor a person who terrorises an innocent person. In this context,no Muslim should even terrorise a single innocent humanbeing. The Muslims should selectively terrorise the anti-socialelement. And many times, two different labels are given to thesame activity of the same individual... Before any person givesany label to any individual for any of his actions, we have tofirst analyse, for what reason is he doing that?Statement 2: Beware of Muslims saying Osama Bin Laden isright or wrong. I reject them... we don’t know. But if you ask my view, if given the truth, if he is fighting the enemies of Islam, I am for him. I don’t know what he’s doing. I’m not intouch with him. I don’t know him personally. I read thenewspaper. If he is terrorising the terrorists, if he is terrorisingAmerica the terrorist, the biggest terrorist, every Muslim shouldbe a terrorist. The thing is, if he’s terrorising a terrorist, he’sfollowing Islam.Statement 3: How can you ever justify killing innocent people?But in the same breath as condemning those responsible wemust also condemn those responsible for the deaths of 

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