The Supreme Court on Friday granted five-day interim bail to Alt News co-founder Mohammed Zubair in connection with an FIR lodged in Uttar Pradesh's Sitapur for allegedly outraging religious sentiments.
Granting the bail, the vacation bench of Justices Indira Banerjee and JK Maheshari clarified that its interim bail order is with respect to the FIR lodged in Sitapur and has nothing to do with a case registered against Zubair in Delhi. It also clarified that it has not stayed the investigation in the case in UP and that the police can seize the laptop and other electronic gadgets, if required.
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The apex court issued notice on Zubair’s plea and listed it for further hearing before a regular bench.
The order also barred Zubair from posting anything on Twitter and said he shall not tamper with any evidence, electronics, or otherwise.
An FIR was lodged against Zubair in Uttar Pradesh under IPC section 295A (deliberate and malicious act intended to outrage religious feelings) and section 67 of the IT Act here on a complaint by Hindu Sher Sena Sitapur district president Bhagwan Sharan on June 1.
Zubair was arrested by the Delhi Police on June 27 for allegedly hurting religious sentiments through one of his tweets. He is currently in Delhi Police's custody.
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Additional Solicitor General SV Raju, appearing for the investigating officer in the UP matter, said a prime facie case is made out under section 295 (A) of IPC (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and under section 153A (promoting enmity between groups).
He said the alleged act of Zubair publicly calling seers as "hate mongers" has potential to outrage religious feelings of a particular community and incite violence as he had tweeted against a seer who is "respected" and has a large following.
Senior Advocate Colin Gonsalves, appearing for Zubair, said it is ironical that the persons who made hate speeches are on bail while the petitioner, who exposed the hate speeches made by them, is now in custody.
Gonsalves said he is admitting to the tweets but they do not disclose commission of any offence and has only pointed out to the offences of hate speeches and police has subsequently taken action against the perpetrators.
Solicitor General Tushar Mehta, appearing for UP government, said it is not the question of one tweet or two tweets but the question is that he is part of a syndicate which is regularly posting such tweets with the intention to destabilise the country.
"We don’t want to disclose much since the investigation is pending but there is a question of money involved in the case. Money has been donated to him from the countries which are inimical to India", he said, adding there is something more than meets the eye.
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Gonsalves said there is a threat to Zubair's life and he needs to be protected as it is a question of right to life.
The bench directed that a translated order of the Uttar Pradesh court be filed along with other documents before the next date of hearing.
Seeking bail from the top court, Zubair, in his plea, has submitted that there is a "new" police strategy afoot in hate speech cases and communal crimes where FIRs are registered against criminals as well as those monitoring and protesting such crimes.
He has alleged the strategy is to "stifle" freedom of speech of secular persons in society who stand up against communal elements.
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(With PTI inputs)
