Lawyer: Malaysia legally obliged to deport Naik

The preacher's case tests the integrity of the government and the country's legal system, says N Sivananthan.

N Sivananthan. (Youtube screengrab)

PUTRAJAYA: A lawyer has urged the government to honour Putrajaya’s extradition treaty with New Delhi by deporting preacher Zakir Naik to India, where he is wanted for alleged hate speech and involvement in terror-related activities.

N Sivananthan, the first Malaysian to become an International Criminal Court counsel, told FMT that Prime Minister Mahathir Mohamad was ignoring Malaysia’s legal obligation when he said Naik could remain in the country for now.

At a news conference yesterday, Mahathir noted that Naik was a permanent resident in Malaysia and said he would not be extradited “as long as he is not creating any problem”.

Sivananthan said Mahathir’s argument would be hard to accept if Malaysia was hoping to gain the extradition of businessman Low Taek Jho to charge him with 1MDB-related crimes.

According to police, Low is probably in Macau. Sivananthan said he might have acquired permanent residence in Macau and he could use Mahathir’s reasoning to argue against his extradition.

“We cannot blow hot and cold about the rule of law,” Sivananthan said. “Naik’s case is a test of the integrity of our government and legal system.”

He said police should arrest Naik and he could challenge the extradition order in a local court.

“If he wins, he remains, but he has to be deported if he fails in the legal challenge,” he added.

Indian foreign ministry spokesman Raveesh Kumar has been quoted as saying that New Delhi’s request for Naik’s extradition was under “active consideration” in Malaysia.

According to Republic TV, Kumar said the Indian high commissioner in Kuala Lumpur was in contact with Malaysian authorities.

Indian media reported this week that Malaysian police would deport Naik, but Inspector-General of Police Mohamed Fuzi Harun has denied this.

Naik’s lawyer has said that his client could not be deported until extradition papers were served.

Naik was reported to have left India in 2016. -FMT