/newsdrum-in/media/agency_attachments/ipXwqL5g8EOqSkmkiZUK.png)
Follow Us/newsdrum-in/media/post_banners/dJnS1QvIczw1eUSrhImq.jpg)
New Delhi: The Supreme Court on Wednesday granted bail to Alt News co-founder Mohammed Zubair paving the way for his release from jail. Zubair was arrested on June 27 by the Delhi Police for allegedly hurting religious sentiments.
Pronouncing the order on Wednesday, Justice DY Chandrachud said, “We direct Zubair be released on bail on each of the FIRs in UP. Existence of powers of arrest must be distinguished from the excercise of powers of arrest which must be used sparingly.”
There is no justification to keep the petitioner in continued detention especially since the gravamen of allegations in UP FIRs is similar to that in Delhi police FIR, Justice Chandrachud added.
The apex court also ordered that he will be released on bail if any other FIR is lodged against him for the same cause of action.
The top court also transferred all the FIRs lodged in UP against Zubair for allegedly outraging religious sentiments to be investigated by the Delhi Police and clubbed them along with the existing FIR lodged by a special cell of Delhi Police.
The bench also disbanded a UP police Special Investigation Team formed by the state government to investigate the FIRs against Zubair.
Read the full order:
Petitioner is the co-founder of Alt News, a fact checking portal which conducts its activities under the auspices of Pravada Media Foundation. Alt News was launched in Feb 2017. Pravada Media foundation is a company under Section 8 of Companies Act 2013. in June 20 2022 FIR 172 was registered by special cell of Delhi police for offences under 153A, 295A, 201 and 120B of IPC.
Section 35 FCRA was added during probe. He was arrested on June 27 and a one day remand was granted by duty magistrate which was further extended by Delhi court. On June 30 a search took place in residential premises.
The legality of police remand has been questioned before Delhi HC and notice was issued on July 1. on July 2 petitioner was remanded to 14 days judicial custody and bail plea was rejected by Delhi court.
On July 15 he was granted regular bail by Delhi court. The Delhi police has submitted a status on course of investigation which has been carried in pursuance of FIR 172/2022 before additional sessions judge.
Delhi police status report shows that investigation expands into tweets allegedly put out by the petitioner in the course of his activities. as per the status report, it adverts to 7 tweets by petitioner. These are 7 tweets on the basis of which Delhi police special cell is conducting the probe.
FIRs registered against petitioner at Loni Border, at Muzaffarnagar under 192, 504 and 506 of IPC, at Chandoli under IT Act, at Lakhimpur under 153A & B & other sections, at Sitapur under 295A(2) & IT Act..FIR 237 in Hathras.
In FIR 199/2021 lodged at PS Chairthwal, the peititoner was granted bail on July 30 2021 by judicial magistrate. In FIR 511/2021 in Mohammadi petitioner was remanded to 14 days Judicial custody in July 2022.
Petitioner was granted bail by SC in Sitapur case and it was further extended. In FIR 237 of Hathras the petitioner has been remanded to 14 days JC on July 14, 2022. Another application for JC was filed thereafter.
In the meantime out of the FIRs arising in UP, The petitioner was served with notices under Section 41A of CrPC or as the case may be under Section 91 of CrpC for the production of documents.
Documents such as balance sheets of last three years, details IT returns, pan cards, bank statements, details of donations received, and an undertaking regarding source of funds.
Plea was filed here under Article 32 where the main prayer is to quash the six FIRs in Uttar Pradesh, In the alternative the petitioner seeks a direction to club all the 6 with the Delhi police FIR.
At this stage it would be material to note that a memorandum has been issued on July 10 in terms of which a SIT has been constituted by the DGP UP.
The SIT is to probe the 6 FIRs which has been registered against the petitioner. Apart from prayer to quash the FIR or clubbing of FIRs with Delhi police FIR, the petitioner seeks release on bail in all the FIRs set out above.
Petitioner also seeks a protective order of the court restraining police from arresting in further cases. the plea was mentioned by the permission of CJI NV Ramana. Earlier order was of no precipitate action in 6 FIRs.
In pursuance of notice issued by this court, we heard Ms Vrinda Grover, counsel appearing for the petitioner and we heard UP AAG Garima Prashad for UP.
Appearing on behalf of the petitioner, submitted that tweets by the petitioner are subject matter of all FIRs in UP and that all the FIRs allege offences punishable under same provisions: 295a, 67 it Act, 505 of IPC.
In the FIR of Delhi police he has been granted regular bail by the sessions judge Patiala House Courts. The status report filed by Delhi police states that scope of probe has been widened so as to include FCRA.
Tweets adverted to in Delhi police case also forms the subject matter of FIRs lodged in diverse police stations of UP.
Petitioner submits that language used in none of the tweets attract provisions of criminal law and on the contrary in several tweets UP police was tagged and invited action from law enforcement machinery.
It has been argued that substance of all FIRs against petitioner remains the same since its the tweets by the petitioner. The instrument of criminal law has been used to harass and silence the voice of petitioner.
This is apparent from the successive cases filed in UP and the petitioner has an apprehension to his life and security as there has been bounty on him, this is argued by the counsel of petitioner.
Hence it has been urged that tweets do not provoke hatred or is derogatory of any religious denomination. UP AAG submitted that there is genuine apprehension that tweets by Zubair has spread hate and he is not a journalist.
UP AAG has argued that tweets by Zubair can create communal divide and that SIT was formed so that local police stations do not act callously in the case of criminal wrongdoing.
The narration of facts in the beginning would indicate that FIR 172/2022 by Delhi police registered on June 20, 2022 invokes offences punishable under 153a, 295a, 120b of IPC to which section 35 FCRA has been added.
Delhi police has submitted a comprehensive status report showing the course of investigation, tweets which form part of probe and search and seizure which is carried out on premises of petitioner.
It is evident that probe by special delhi police cell is a comprehensive investigation which looks at the gamut of tweets by the petitioner. Petitioner was granted regular bail on July 15 by the Patiala House Courts.
The grant of bail has not secured personal liberty of petitioner as he is embroiled in successive FIRs in state of UP. In the Sitapur case which reached this court, the petitioner was granted bail and further extended.
As narration of facts discloses bail by Supreme Court and next by Delhi patiala house courts still leaves the petitioner embroiled in series of proceedings in UP.
Essentially the gravamen of allegations are tweets by him. he has been subjected to fairly sustained probe by Delhi police we dont find reason for his deprivation of liberty to persist further.
We direct Zubair be released on bail on each of the FIRs in UP. Existence of powers of arrest must be distinguished from the excercise of powers of arrest which must be used sparingly.
There is no justification to keep the petitioner in continued detention especially since the gravamen of allegations in UP FIRs is similar to that in Delhi police FIR.
Regarding quashing, it must be clarified that Delhi police FIR has offences of cognate nature which is similar to the UP police FIRs. It would be needed to club together all FIRs and hand over to one investigating authority.
we are of the view that the prayer to club all UP police FIRs should be accepted. All FIRs registered against petitioner including the UP police FIRs be transferred to Delhi police special cell.
Thus the SIT formed by the UP govt stands disbanded and is hereby redundant.
All proceedings in connection with the FIRs shall lie before Delhi HC. While we have not quashed the FIR we clarify that we have granted liberty to petitioner to move Delhi HC under Section 482 CrPC to seek quashing.
The transfer of the FIRs shall apply to all existing FIRs and to all future FIRs that may be registered on the same subject matter.
Petitioner shall be entitled to protective order of interim bail not only in terms of FIRs considered now but also future FIRs in same subject matter.
Petitioner shall stand released on bail subject to furnishing of bail bond of 20,000. The petitioner can also add the Chandoli FIR.
The investigation in all the above FIRs shall stand transferred from the UP police to the special cell of Delhi Police: UP Police SIT stands disbanded.
The directions contained in 1 and 2 shall stand extended to any other FIR which may be registered against Zubair on same subject matter. Thus all such FIRs will be dealt by special cell delhi police and he will be on interim bail in such FIRs.
The petitioner will be at liberty to approach the HC under Article 226 or Section 482 CrPC as the case may be.
He shall produce bail bonds to the Amount of Rs 20,000 which will be presented before the CMM, Patiala House and immediately after the submission of the same the Superintended of Tihar Jail must ensure that the petitioner is released before 6 PM today.
We cannot stop him from tweeting. We cannot anticipatorily interdict him from exercising his right of free speech. He will be answerable as per the law. evidence is all in public domain. We cannot say that he will not tweet again.