High Court throws out Hindraf suit against Zakir Naik (Updated)

KUALA LUMPUR: An application by activist group Hindu Rights Action Force (Hindraf) to declare controversial Indian preacher Dr Zakir Naik as a threat to national security was thrown out by the High Court today.
Justice Datin Azizah Nawawi ruled that the activists had erred in failing to name Zakir as a defendant in the suit, which was brought forward by Hindraf chairman P. Waythamoorthy.
"The court deemed that Dr Zakir Naik should have been named as a defendant in the suit. As a person who would be impacted by this proceeding, he should have been named a party for the court to hear from him. This was the reason that the suit has been thrown out," lawyer Adnan Seman who represented Perkasa as an intervener told reporters outside the courtroom.
The court also awarded costs of RM5,000 to the defendants in the suit.
Waythamoorthy and 18 other activists were seeking to declare Zakir as a threat to Malaysia's safety and therefore should not be granted permanent resident status by the Home Ministry.

Among the activists were Bingkor assemblyman Datuk Jeffrey Kitingan, lawyer Siti Kassim and Centre for Policy Initiatives director Lim Teck Ghee.
Perkasa's president Datuk Ibrahim Ali who was present in court, said that with this decision he hoped that Zakir would be able to move freely and give sermons and lectures without being disturbed.
Laywer Karthigesan Shanmugam who represented the activists said that the suit was brought forward not on Zakir, but on the public policy of giving him permanent resident status.
"The issue is he is a threat to national security, it is not against the individual but rather on the public policy. National security is a matter to be concerned of a citizen. That is the basis of this suit," he told reporters.
He added that they will be filing an appeal and will be taking the matter from there.
The 19 activists had initially seeked to have Zakir Naik arrested and deported – they filed an originating summons on March 1, 2017 to compel the authorities to do so.
However, on Sept 20, 2017 they filed an amendment to their originating summons, and instead were seeking to declare Zakir Naik as a threat to Malaysia's safety and therefore should not be granted permanent resident status by the Home Ministry.