Interpol has turned down National Investigation Agency's (NIA) request for a red-corner notice against controversial televangelist Zakir Naik, citing the ground that no chargesheet was filed against the accused at the time of submission of the request.
NIA,?however, was quick to clarify on Saturday that the ground was merely a "technical" one, as the chargesheet was filed subsequently on October 26, 2017, "a fact that Interpol did not take cognisance of".
NIA sources said the agency will submit a fresh request to Interpol, possibly on Monday itself, for issuing an RCN against Naik. A copy of the chargesheet filed by the agency before the Special NIA court, Mumbai, will be submitted along with the request.
Naik was chargesheeted under the Unlawful Activities (Prevention) Act in October for heading Islamic Research Foundation (IRF), declared an 'unlawful association' in 2016, and inciting youth to take up terror acts and join global terror outfits like Islamic State.
Naik is currently based in Malaysia. India plans to make a formal request soon for his extradition.
An Interpol commission, which deliberated on the RCN request and Naik's contentions challenging the same between October 24 and 27, in its order dated December 11 said that since no chargesheet had not been filed as per submissions before it, "the issuance of a red notice for the applicant's arrest with a view to his extradition is premature".
It cited the Indian government guidelines that require extradition request for an accused fugitive to be initiated only after a chargesheet has been filed. The commission concluded that data on Naik should be deleted from Interpol files as the purpose of the red notice "cannot be achieved at this stage".
An NIA officer said the Interpol decision was based on 'technical' ground that was no longer valid. "The only ground cited by Interpol is that no charges were submitted against Naik when the request was made.
The order clearly states the rest of the contentions raised by Naik were not examined. Though NIA later filed the chargesheet coinciding with the commission's deliberations, Interpol did not take cognisance or seek a copy of the chargesheet," the officer added.
Naik had moved Interpol against NIA's request for RCN, submitted in May 2017, alleging that the case against him was linked to "religious persecution of minorities in India". He claimed his speeches only promoted peace and nowhere did they advocate terror. He said India, by preventing him from delivering speeches on Islam, was suppressing his freedom of expression. He also cited poor condition of Indian jails, including the possibility of his torture there.
Interpol posed some queries to NIA based on Naik's contentions, to which the agency submitted its reply.