Supreme Court Orders Release Of Mohammed Zubair Forthwith On Interim Bail In All UP Police FIRs; Transfers UP FIRs To Delhi Police

The Supreme Court on Wednesday ordered the release of fact-checker Mohammed Zubair, co-founder of AltNews, on interim bail in all UP Police FIRs. A bench led by Justice DY Chandrachud observed that existence of power of arrest must be pursued sparingly by the Police. The Court has directed the Tihar jail authorities to ensure that he is released before 6 pm today, subject to furnishing bail bonds.The bench was of the view that there is "no justification" to keep Zubair in continued custody any further and subject him to diverse proceedings when the gravamen of allegations arises from the Tweets which forms part of investigation by Delhi Police, in which case he has already been granted bail. The bench observed,"Essentially, the gravamen of the FIRs pertain to the tweets. Having regard to the fact that the petitioner has been subjected to comprehensive investigation by the Delhi police, we find no reason for his deprivation of personal liberty to persis."The Supreme Court also refused to impose a bail condition that he should not tweet again."We can't say that he won't tweet again. It is like telling a lawyer that you should not argue. How can we tell a journalist that he will not write?...If there is any tweets against law, he will be answerable. How can be pass any anticipatory order that someone will not speak...", Justice Chandrachud told the Additional Advocate General of UP.The Court has further ordered disbanding of the SIT formed by UP Police for investigation of FIRs against Zubair. It has clubbed of all the FIRs and said that the case should be handled by one investigating authority, i.e. Special Cell of Delhi Police. The order stated,"We are of the view that the alternate prayer of the petitioner should be accepted. All the FIRs registered against the petitioners, including the 6 FIRs noted above, should be transferred for investigation by Delhi Police."The direction to transfer all UP FIRs to Delhi Police Special Cell shall apply to future FIRs which may be registered in future on the basis of tweets. Zubair will be entitled to bail in all such future FIRs. The order stated, "FIR which may be registered against petitioner hereafter on the subject matter, in which event, the investigation of the FIR shall stand transferred to Delhi Police & he will be entitled to bail." The Supreme Court has also made it clear that Zubair will be at liberty to seek quashing of the FIRs before the Delhi High Court.Conditions for BailZubair's bai is subject to subject to his filing a personal bond for Rs 20,000 in connection with 7 UP FIRs. The same have to be presented before the CMM, Patiala House and immediately after the submission of the same, the Superintendent of Tihar Jail has been directed to ensure that Zubair is released before 6:00 PM today.What transpired in court today?The court was considering writ petition filed by Zubair seeking to quash the FIRs registered against him by the UP Police. He had also prayed for clubbing the said FIR's in Delhi and had sought interim bail in all the 7 cases.It noted that Zubair has been "embroiled" in a series of proceedings where he is either in judicial custody or where police remand application is pending.Apart from the Delhi Police FIR, a series of FIRs have been registered against Zubair at Loni Border, Muzaffarnagar, Chandoli, Lakhimpur, Sitapur and Hathras districts(2 cases there0. All the FIRs broadly allege offences under same sections 153A, 295A, 505 IPC and 67 IT Act.Advocate Vrinda Grover appearing for Zubair argued gravemen of all FIRs are the same tweets, whereas none of the tweets remotely used language which is improper or which amount to criminal offence. She added that this is a clear case of 'silencing' a fact checker by invoking criminal action under multiple FIRs. She also submitted that there is genuine apprehension of threat to Zaubair's life. "In this age of digital age, the job of someone who is debunking false information may draw the ire of others. But the law cannot be weaponised against him…The dormant FIRs are activated the moment I secure bail in any case. Dormant FIR gets suddenly activated. That is why I say there is more than meets the eye. There is a scenario of encircling me." UP AAG Garima Prashad on the other hand argued that Zubair is not a journalist. "He calls himself a fact-checker. Under the guise of fact checking, he is promoting malicious and provocative content. And he gets paid for the tweets. More malicious the tweets, more payment he gets. He has admitted. He has got over Rs 2 crores. He is no journalist." She submitted that instead of informing the police of illegal speech or hatred, Zubair has been taking advantage of speeches and videos which have the potential of creating a communal divide and he has been sharing them repeatedly. Whereas State has to prevent communal disharmony. Cases against Zubair Zubair was booked by the Delhi Police over a tweet made in 2018 on the renaming of a...

Supreme Court Orders Release Of Mohammed Zubair Forthwith On Interim Bail In All UP Police FIRs; Transfers UP FIRs To Delhi Police

Shruti Kakkar

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