Senior federal counsel Shamsul Bolhassan contended that the group had failed to prove how they were affected by the government’s decision to grant Naik permanent resident (PR) status.
Besides that, he said the group’s lawsuit was frivolous as the controversial preacher was not named as a defendant.
“The court cannot grant declarations in his absence,” Shamsul said, adding that the 19 individuals should file a judicial review instead.
Senior federal counsel Suzana Atan also represented the government in the case.
Lawyer Adnan Seman, who appeared for Malay rights NGO Perkasa as an intervenor, supported the government’s contention that the 19 individuals should have named Naik in their lawsuit.
“The courts have previously decided that in cases where litigants sought for declarations, the affected party should be included in the suit,” he said.
However, Hindraf’s lawyer R Kengadharan argued that there was no need to go for a legal challenge mode as the 19 individuals were not seeking orders to compel or quash any decisions.
“We are only asking for court declarations,” he said.
He added that the 19 people brought the lawsuit as a public interest case against government as Naik was a grave concern to them.
“We maintain that Zakir Naik is a threat to the country and he should leave Malaysia if he is in the country,” Kengadharan added.
Justice Azizah Nawawi fixed Feb 13 to deliver her decision.
Naik, an Indian national, is currently wanted by Indian authorities for investigation into various allegations against him, including money laundering, spreading communal hatred and glorifying terrorism.
He fled India in 2016 after a suspect in a terror attack in Bangladesh was reported to have been inspired by his speeches.
Perkasa president Ibrahim Ali, who attended the court hearing, said he hoped for a fair decision from the court.
Waytha Moorthy and the 18 others filed the suit against the government in March last year.
The 19 claimed the preacher was capable of threatening national security and harmony.
The group also claimed that Naik’s presence in Malaysia was a serious threat to the country’s safety.
The group is seeking a court order that Naik be considered a threat to Malaysia, and not fit to be a Malaysian PR.
They named Deputy Prime Minister and Home Minister Ahmad Zahid Hamidi, immigration director-general, director-general of the national registration department, inspector-general of police and the government as defendants.