*ZUBAIR PART OF SYNDICATE THAT TWEETS TO DESTABILISE SOCIETY: UGOVT
From Our Bureau
NEW DELHI: The Supreme Court on Friday granted a 5-day interim bail to Alt News co-founder Mohammed Zubair in a hate speech case registered in Sitapur, Uttar Pradesh, but he remains in jail as he is in judicial custody in another case registered againt him in Delhi.
A vacation Bench of Justices Indira Banerjee and J K Maheshwari made it clear that the interim bail order was not applicable to any other case, except the one registered in Sitapur.
It also restrained Zubair, who is known as a fact-checker on misreporting by newspapers and TV news channels, from putting out any tweets and said the interim bail was subject to conditions imposed by the First Class Judicial Magistrate, Sitapur. It also asked him not to tamper with evidence.
The Court also made it clear that the interim bail order shall not affect the investigation of the case and seizure of laptops and other equipment by the Sitapur police.
Issuing notice to the State of Uttar Pradesh, the Vacation Bench directed Zubair’s petition to be posted for hearing before a regular appropriate Bench after summer vacation. It directed that the orders of Sitapur Judicial Magistrate First Class dated July 7 be translated and filed. It happened to be the last day of the vacation in the Supreme Court. The regular hearings begin from Monday.
Zubair had on Thursday moved the Supreme Court seeking bail in a case registered against him by the Uttar Pradesh police at Sitapur for allegedly hurting religious sentiments of Hindus by calling Hindu religious figures Mahant Bajarang Muni, Swami Yati Narsinghanad and Swami Anand Swarup “hatemongers.”
He challenged the Allahabad High Court’s order refusing to quash an FIR registered at Sitapur in this regard.
Zubair was arrested by the Delhi police on June 27 for allegedly hurting religious sentiments through his tweets.
At the very outset, Mehta took serious exception to Zubair concealing the rejection of his bail by Sitapur and Delhi court’s.
The order came in submissions by his senior advocate Colin Gonsalves that it was a case of personal liberty of someone who simply pointed out how some religious leaders were saying Muslim women should be raped.
Solicitor General Tushar Mehta, representing the Uttar Pradesh government, pointed out that Zubair was also in judicial custody in another case registered against him in Delhi. He also said Zubair deleted many of his tweets.
The Sitapur court had on Thursday rejected his bail plea and sent him to police custody. He was being taken to Bengaluru when the top court was hearing the case. Now, he will have to surrender before a Delhi court that had sent him to judicial custody in another case.
ZUBAIR PART OF SYNDICATE THAT TWEETS TO DESTABILISE SOCIETY: UP GOVT
:Solicitor-General Tushar Mehta on Friday told the Supreme Court that the matter was not about a single tweet by Mohammad Zubair, the cofounder of fact-checking website Alt News, rather it was about he being a part of the syndicate which puts out tweets to destabilise the society.
He opposed bail to Zubair since he had suppressed many fact, including his arrest also by Delhi Police, and cited the issue of foreign contributions, which are under investigation.
Mehta said after Zubair’s tweet there was a law-and-order situation and Yati Narasinghan was arrested and he is now out on bail, and the government is not defending him. He added that Zubair’s tweet is under investigation and there is more than that meets the eye.
At this juncture senior advocate Colin Gonsalves, representing Zubair, said, “I am promoting secularism…not promoting enmity among religions. I am saying “stop hate speech”.
Gonsalves argued that his client admitted his tweet, therefore no further investigation was required. Referring to a speech by Hindu seers, Gonsalves said: “I am not wrong when I say they are hatemongers…I captured the hate speech…how is my tweet an offence, where is the offence?” He added that when no offence was made out, why should there be a need for investigation? “Where is the need for custody? Where have I insulted a religion? If I am right, you can’t take me into custody…I am defending the Constitution… Because of the high court order, I am suffering in custody,” said Gonsalves.
Mehta countered that his overall conduct is under investigation as he is a habitual offender and there are six cases against him. Additional Solicitor General S.V. Raju, representing the UP Police, said “He is tweeting…he is inciting violence…there is intent… The moment you call a religious leader, a hate monger… you are inciting violence”.
Raju added that Zubair outraged the religious feelings of a large number of followers of Mahant Bajrang Muni Baba. “Whether it is deliberate or not, is a matter for trial…you call a religious guru a hate monger, outrage the feelings of a large number of people…attempt to promote disharmony,” he added. Raju said if Zubair had issue with the speech, he could have sent a letter to the police, why tweet? He said prima facie a case is made out against him.
On Zubair’s claim of threat to his life, Mehta said he is in police custody and so where is any possibility of anybody killing him. He challenged Zubair’s counsel making out a case of urgency, but the Bench retorted: “We have gone by deprivation of liberty that has happened. In a matter of deprivation of personal liberty, you can’t say there is no urgency.”
