<![CDATA[Never mind Interpol, Mahathir says Malaysia can decide whether to extradite Islamic preacher Zakir Naik to India]>
Malaysia has the right to decide if it will comply with any request by India to extradite controversial Islamic televangelist Zakir Naik, Prime Minister Mahathir Mohamad said on Monday, in response to reports of an impending Interpol arrest warrant being issued for the 53-year-old.
Zakir has been living in Malaysia since 2016 after fleeing India amid accusations that he had aided in radicalising a group of teenagers who carried out a terror attack in Bangladesh.
India's The Hindu newspaper on Monday said authorities would soon ask the international police organisation Interpol to issue a red notice requiring members, including Malaysia, to assist in Zakir's arrest.
Malaysia also has an extradition treaty with India, which requires it to send fugitives back unless they would be punished or prosecuted on the basis of their race, religion or political opinion.
"Zakir in general feels that he is not going to get a fair trial [in India]," Mahathir told local media.
He compared the case to Australia's refusal to extradite Sirul Azhar Umar " the former bodyguard of ousted former Malaysian prime minister Najib Razak " who was convicted for the murder of Mongolian interpreter Altantuya Shaariibuu.
"We requested Australia to extradite Sirul and they are afraid we are going to send him to the gallows," Mahathir said.
Controversial preacher Zakir Naik, who is wanted by the Indian authorities, met Malaysian Prime Minister Mahathir Mohamad in July 2018. Photo: Facebook/Zakir Naik
Similarly, Malaysia's Home Ministry may refuse to trigger extradition proceedings if it is of the view that the offence India wants Zakir for is political.
"This will probably be the focus of any debate," said top human rights lawyer Malik Imtiaz. "On the face of it, [the charge] doesn't seem to be of a political nature. If extradition proceedings go ahead then he will be able to say his piece and oppose extradition."
Despite his controversial opinions " which include recommending the death penalty for apostates and LGBT people, chopping off hands for theft, and claiming that the September 11 attacks were "an inside job" " Zakir has found a fan following in Malaysia among portions of its Muslim-majority population.
His fiery speeches have earned the ire of other governments, too. The preacher is banned from entering Britain for "unacceptable behaviour", while Singapore banned his application to speak in 2017.
In Malaysia, Zakir is regarded as a scholar of Islam. A fan account on Instagram is littered with adulation from local commenters wishing him good health and praising his philosophies.
But Zakir's popularity in Malaysia, say legal experts, should not have any bearing on whether he is extradited to India.
"If the Indian government has said Zakir Naik committed an offence in India, regardless of what public sentiment is on him, Malaysia must respect the treaty and fulfil its obligations under it," said lawyer New Sin Yew.
But Mahathir's government, currently struggling to retain its Muslim-Malay vote bank, may take another blow to its popularity if Zakir is deported.
A protest denouncing Islamic scholar Zakir Naik in New Delhi on July 18, 2016. Photo: AFP
"It is a tricky tightrope," said international relations expert and academic Ravichandran Moorthy. "It may be seen as capitulating to a very Hindu government now after [Prime Minister Narendra] Modi swept the Indian elections, and may cause [ruling coalition] Pakatan Harapan to lose out on Malay-Muslim support."
According to Indian multi-organisational initiative Hate Crime Watch, violence against Muslims, Christians and those who consume or transport beef has risen by some 400 per cent since Modi came to power in mid-2014.
It is unlikely that Malaysia under Mahathir will extradite Zakir because of "domestic sentiments shaped by Muslim brotherliness", according to Mustafa Izzuddin of the National University of Singapore's Institute of South Asian Studies.
Despite the Indian authorities' interest in him, Malaysian politicians from both the current Pakatan Harapan administration and the previous Barisan Nasional regime seemed reluctant to deport or take action against the fiery orator.
Former home minister Zahid Hamidi in 2017 told Parliament the government had not found any "promotion of terrorism" in Zakir's talks, while current premier Mahathir went so far as to meet with Zakir after coming to power last May.
Malaysia's Islamic Affairs Minister Mujahid Rawa has even offered to meet with individuals unhappy over Zakir's presence in Malaysia for the sake of national unity.
A post shared by Dr Zakir Naik (@drzakirnaikfansofficial) on
Malaysian politicians who have spoken out against the preacher have run the risk of public reprisal, such as lawmaker P. Ramasamy, who in 2018 said accusations linking him to terrorist group Liberation Tigers of Tamil Eelam in Sri Lanka had emerged due to his own statements criticising Zakir.
Whether Malaysia honours its extradition treaty, Ramasamy said, has to be thrashed out within the confines of the bilateral relationship: "If Malaysia takes the position that Zakir may be persecuted by India, then it has the right to do so. But India has such a vibrant democracy, the judiciary is free of political interference, so it is up to India to request as there is an extradition treaty."
Mahathir's remarks on Zakir come just weeks after the government was lambasted by human rights watchdogs and top criminal justice lawyers for deporting a Thai anti-monarchy activist.
Asylum seeker Praphan Pipithnamporn was arrested by Malaysian police in April and repatriated last month on Thailand's request, despite being registered with the United Nations High Commissioner for Refugees.
Her repatriation to the kingdom, which has some of the world's tough lese-majeste laws, was at odds with Malaysia's international obligation to ensure that no one is sent to a place where they "risk being subjected to persecution, torture, or other serious human rights violations", said Human Rights Watch.
This article originally appeared on the South China Morning Post (SCMP).
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