Thread by @LawBeatInd

🚨Supreme Court to hear Mohammed Zubair’s plea seeking quashing of 6 FIRs filed against him in Uttar Pradesh. Zubair has been accused of allegedly hurting religious feelings, disrespecting Hindu Gods and inflammatory posts #zubair #MohammedZubair

On the last date of hearing, Supreme Court had directed the Uttar Pradesh Police, to not take any precipitative steps against  Mohammed Zubair in any of the five FIRs without its permission till today.
#MohammadZubair
lawbeat.in/top-stories/su…

Mohammad Zubair’s case is taken up. It gets passed over.

Vrinda Grover for Zubair says that she has prepared a table which shows that there is yet another FIR, according to media reports.
"These FIRs are all emanating from the tweets," she says. She then proceeds to pass this table stipulating said tweets #MohammadZubair

Vrinda Grover says: "Today there is 1 FIR against Zubair in Delhi in which he was granted regular bail on July 15 which is based on a tweet dated March 24, 2018. I suffered a 5 day remand, search & seizure was carried out, laptop was seized..." #MohammadZubair

Vrinda Grover for Zubair: On the basis of the Tweet, an FIR was lodged, this was the initial subject matter. I have already challenged the principle of the remand for which I have suffered consequences #MohammadZubair

Vrinda Grover for Zubair: Scope was later enlarged in the FIR in which my laptop was seized.
(She reads the FIR, reads out that laptop was seized for purpose of finding what other tweets were posted by Zubair and from where) #MohammadZubair

Vrinda Grover for Zubair: The subject matter of FIR of Hathras mentions the same tweet which is already being investigated in another FIR (in which I was already granted interim protection by SC)
Justice Chandrachud: Which FIR?
Grover: The one from Sitapur #MohammadZubair

Vrinda Grover for Zubair: "Bajrang dal ki aarti karna shuru karo, hanuman chalisa karna shuru karo, BANDAR kabhi nuksaan nahi pahunchaeyga" is the subject matter of another tweet which concerns FIR dated July 4 in Hathras

Justice Chandrachud: He was arrested in Delhi FIR, he got bail, in Sitapur, he got bail... in Hathras?
Vrinda Grover: To be taken up tomorrow and Lakhimpur Kheri FIR, the issue is to be taken up today. In addition to this, there are 3 FIRs in Chandoli, Muzaffarnagar & (inaudible)

Vrinda Grover: My lords may kindly see, please see the tweet, there is no incitement. He only showed a graphic of Sudarshan TV which shows a mosque. He is a fact-checker. He fact checks it and tags the UP Police. If you see the graphic, please see Who is actually inciting.

Vrinda Grover: In not a single tweet is there any language where it is even Improper, leave aside, ill-will and promoting enmity. I am tagging the police to take action. The FIRs say "I have incited muslims across the globe". Today, a network is used to target me #MohammadZubair

Vrinda Grover: The substantive nature of FIRs remain the same. The criminal law machinery is being used to harass and target me. They have set up a Special Investigation Team. (She points to an Annexure & says that there are 6 FIRs according to it)

Vrinda Grover: Please see what the SIT says "Due to derogatory remarks on anchors of channels..."
I am appalled to see this!

Vrinda Grover: SIT was formed on July 10, 2022 after My lords granted me protection in Sitapur FIR. On 12th of July, my protection is extended till September 2022. This SIT overlaps with the FIR in which I have already been investigated, interrogated etc. #MohammadZubair

Vrinda Grover: As soon as I got bail on July 15, 2022 in Delhi FIR by Patiala House Court, a remand application was moved in Hathras. I have denied making any statements under section 161 CRPC which they have put on record before the police.
#MohammadZubair

Vrinda Grover: Please see the subject matter of their FIRs, they are saying it is about posting tweets since 2014 against Hindu Deities from different devices. In addition they run a web portal called "Alt News". They also suspect that Alt News has violated FCRA #MohammadZubair

Vrinda Grover: I have already got bail in the FIR concerning FCRA violation(s) by Delhi Court. What kind of police remand application is this (in Hathras). They will examine my tweets from 2014. They will take me in custody for 15 more days.. what are the charges against me?

Vrinda Grover: They have seized by devices. This is an abuse of provisions. #MohammadZubair

BREAKING: Mohammad Zubair's counsel tells Supreme Court that there is a threat to Zubair's life and a bounty has been announced in his name #MohammadZubair

Vrinda Grover: It is becoming increasingly difficult to even have a counsel in many of these cases. How am I suppose to do this? Especially there is no clear charge against me #MohammedZubair

Vrinda Grover reading excerpts from cases laws "Jigisha Arora", "Monika Kumar" to substantiate her arguments.

#MohammedZubair

Justice Chandrachud: So, according to you, admittedly there is certain degree of overlap between Delhi FIR and the 6 FIRs. So you're saying the investigation should be clubbed with delhi FIR?
Vrinda Grover: Yes Milords #MohammedZubair

Vrinda Grover relies on Arnab Goswami Judgment passed by Supreme Court which stipulates that "Journalistic freedom requires being allowed to speak Truth to power #MohammedZubair

Vrinda Grover: Someone who is debunking false information and debunking it cannot be persecuted by State and police. Please protect me from these excesses.
#MohammedZubair

Garima Parshad for state of UP: He is NOT a journalist. He is a "fact-checker". He tweets venom. He is being paid for tweets and he has admitted it, saying that every time he maliciously tweets, he receives more. He has admitted that 12 lacs is his monthly quota. #MohammedZubair

Garima Parshad: He has admittedly received 2 crores in funds for these venomous tweets. Mohammad Zubair has been taking advantage of speeches, debates etc in order to take advantage of creating a communal divide. #MohammadZubair

Garima Parshad: He has made a tweet in which an old man was a Taveez (Loni Ghaziabad) maker and he was beaten up. My Lords may please see how he has tweeted about it.
This man comes forward and filed FIR against unknown persons. Till here, no communal tension existed.

Garima Parshad: Mohammad Zubair took advantage of this, see what he tweets & there is communal tension in the Loni Ghaziabad area. This old man has come forward and admitted that there was NO COMMUNAL ANGLE. His tweets was retweeted millions of times.

Justice Chandrachud: Special cell of Delhi Police is investigating this issue. They have submitted a status report in which they have submitted variety of tweets. Where would balance of justice really lie? Would it be desirable that these investigations take place across India?

Garima Parshad: Your Lordships may be looking at incidents of 25th and 26th June in the way my ld. friend has put it forward. Mohammad Zubair has not even spared a Minor girl, he is so vicious. The POCSO Act is also been in motion against him. #MohammedZubair

Garima Parshad: Mohammad Zubair makes the Bajrang Dal leader's speech viral, retweets, retweets and retweets - My lords may recall - this was about raping women of particular community. ENTIRE area of Sitapur had to be cordoned off because of communal tension. #MohammedZubair

(Supreme Court bench discusses inter se)
#MohammedZubair

Garima Parshad: The mala fide intention of Zubair is there - regarding debate which took place on May 26,2022 (Nupur Sharma). Also, entire area of Sitapur has not come to normal. The difficulty is that this person realises the IMPACT of his tweets #MohammedZubair

Garima Parshad: Subsequent to the TV debate on may 26, 2022, on June 5th and 6th he has shown that the people from all over the world are supporting then why aren't you coming forward to protest. These tweets were circulated as PAMPHLETS after Friday prayers. #MohammedZubair

Garima Parshad: The State of UP has to maintain peace and harmony. It is a diverse state. It has to make sure peace is there. It is not that some general action is being taken. #MohammedZubair

Garima Parshad: Communal people exist in the society. Harmony has to be maintained. It is not that Mohammad Zubair is tweeting to spread love or any information. It has to be made sure that peace is maintained. #MohammedZubair

Garima Parshad: This entire exercise of the SIT is that there is no viciousness against Mohammad Zubair. State of UP's intention is purely maintaining communal harmony. In view of repeated acts, where same modus operandi is followed, his following has increased double fold.

Garima Parshad: We will only call Mohammad Zubair where is he required.
Garima Parshad repeats that there is no viciousness against him. Concludes submissions.

Case of Mohammad Zubair to resume at 2 pm in Supreme Court.

Bench will re-assemble shortly.
#MohammedZubair

Before the bench rose, Vrinda Grover, Mohammad Zubair's counsel had stated that she would like to rebut the arguments presented by Garima Parshad, AAG, State of Uttar Pradesh. #MohammadZubair

Bench assembles. Vrinda Grover says she is not giving up any legal remedies.
Justice Chandrachud: We are seasoned enough not to foreclose any rights of a litigant.
#MohammadZubair

Vrinda Grover says that she will make rebuttals one by one, on every argument which was presented by Garima Parshad, AAG.
Justice Chandrachud dictates order. #MohammedZubair

Supreme Court dictates orders. #mohammadzubair
Petitioner is a co-founder of fact checking website Alt News which conducts its work under auspices of Pravda media foundation. It was launched in February 2017.

Supreme Court dictates orders. #mohammadzubair
"On 20 June 2022, FIR was registered at special cell of the Delhi Police for offences under sections 153A 295A 201 and 120B of the IPC. Offence under section 35 of FCRA has been added during course of investigation..."

Supreme Court dictates orders. #mohammadzubair
"Petitioner was arrested and remanded to custody by order of DM. Custodial order was extended by CMM Patiala House. On 30 June 2022, a search took place at residence of petitioner in Bangalore."

Supreme Court dictates orders. #mohammadzubair
"The legality of order of police remand in Delhi High Court, in which notice has been issued on July 1 2022. On July 2 2022, the petitioner was remanded to 14 days of police custody and his application was rejected by CMM, PHC"

Supreme Court dictates orders. #mohammadzubair
"On 15th July, 2022, he was granted regular bail by ASJ, (Delhi Court). The Delhi Police has submitted a status report on the course of the investigation which has been carried out in pursuance of FIRs 172/22 before ASJ...."

Supreme Court dictates orders. #mohammadzubair
"The status report notes that the course of investigation expands into TWEETS allegedly put out by the petitioner in the course of his activities. According to the status report (for purpose of recovery of laptop).."

Supreme Court dictates orders. #mohammadzubair
"... has adverted to tweets put out by petitioner for which investigation is being carried out. (Extracts of the status report in regard to the said tweets added).."

Supreme Court dictates orders. #mohammadzubair
"The scope of the investigation before Delhi Police has been enlarged to comprehend provisions viz section 35 of FCRA. .."

Supreme Court dictates orders. #mohammadzubair
"On June 15, 2021, apart from the above FIR which has been registered by special cell in Delhi, a series of FIRs have been registered against petitioner both before and after FIRs before special cell..."

Supreme Court dictates orders. #mohammadzubair
"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..."

Supreme Court dictates orders. #mohammadzubair
"FIR registered at Hathras for offences under 147, 149, 153A, 353, 188, 120B of the IPC, at Hathras on complaint alleging offences under 153A, 295A, other sections of IPC & IT Act..."

Supreme Court dictates orders. #mohammadzubair
In FIR 199/21, lodged at Charthwal, Petitioner was granted bail in July 2021 by Judicial Magistrate.
In FIR 511/21, lodges at Muhumaddi, petitioner was remanded for 14 days of police custody... application for police custody listed

Supreme Court dictates orders. #mohammadzubair
"At Khairabad, Sitapur, he was remanded to police custody. By an order of this court, the petitioner was granted interim bail in SLP 6138 of 2022. The order of interim bail was extended on July 12, pending further order..."

Supreme Court dictates orders. #mohammadzubair
"At FIR in Hathras, petitioner was remanded to police custody & on 15th July, an application seeking policy custody has been filed. In the meantime, arising out of the investigation in diverse police stations in state of UP.."

Supreme Court dictates orders. #mohammadzubair
"..the petitioner was served under sections 41A of CRPC or as case maybe under 91 of CRPC for production of documents such as balance sheet of last 3 years, IT returns of director & co-founder, corporate tax details, PAN Cards,..."

Supreme Court dictates orders. #mohammadzubair
"....bank statements, donation details and details on source of funds. In this backdrop, these proceedings were instituted before this court under art. 32 of the constitution"

Supreme Court dictates orders. #mohammadzubair
"Petitioner has sought clubbing of FIRs. At this stage it would be material to note that a memorandum has been issued on 10TH JULY 2022, in terms of which an SIT has been constituted by DG, UP Police for investigating 6 FIRs"

Supreme Court dictates orders. #mohammadzubair
"Apart from prayer for quashing FIR or in alternative for clubbing 6 FIRs with FIR pending in delhi, petitioner seeks release on bail in all FIRs above and a protective order from this court, restraining arrest in any other FIR"

Supreme Court dictates orders. #mohammadzubair
"Petition was mentioned for urgent orders, while entertaining petition on July 18, 2022, this court directed that no precipitate steps will be taken against the petitioner."

Supreme Court dictates orders. #mohammadzubair
"We have heard Vrinda Grover for Zubair and Garima Parshad for state of UP. "

Supreme Court dictates orders. #mohammadzubair
"Vrinda Grover submitted that tweets which have been put out by petitioner are subject matter of all FIRs which have been registered in delhi as the case maybe in state of UP"

Supreme Court dictates orders. #mohammadzubair
"Grover for Zubair submitted that in FIR in delhi, petitioner was granted regular bail. The status report by Delhi Police would indicate that the scope of provisions was widened to include FCRA provisions"

Supreme Court dictates orders. #mohammadzubair
"Grover for Zubair submitted that the tweets which were subverted before Delhi Court ASJ are subject matter of FIR's in Uttar Pradesh. "

Supreme Court dictates orders. #mohammadzubair
"She submitted that Zubair has not used language which is improper or would amount to an offence so as to invoke provisions of criminal law against him. Petitioner had tagged law enforcement agencies following speeches by others"

Supreme Court dictates orders. #mohammadzubair
"Grover for Zubair submitted that the manner in which the FIRs were lodged was to harass him in state of UP. she has said that he has threat to life, following publication of his tweets & has placed a bounty"

Supreme Court dictates orders. #mohammadzubair
"Grover has sought quashing of FIRs as they are not derogatory"

Supreme Court dictates orders. #mohammadzubair
"Garima Parshad has submitted that Genuine apprehension that petitioner's tweets have spread hate and he cannot be really be called a journalist. ..."

Supreme Court dictates orders. #mohammadzubair

"She has said that his tweets have a potential to cause communal hate & SIT was formed in light of gravity of situations and to ensure Police station do not engage callously in maintaining harmony"

Supreme Court dictates orders. #mohammadzubair
"The Delhi Police has submitted a comprehensive status report before Patiala house court bearing on investigation over tweets which form subject matter of investigation & search and seizure at premises of petitioner"

Supreme Court dictates orders. #mohammadzubair
"It is evident that investigation by Delhi Police special cell is a comprehensive one which extends across the gamut of tweets put out by petitioner"

Supreme Court dictates orders. #mohammadzubair
"Petitioner was awarded regular bail on July 15, 2022 by ASJ, Patiala house court. Grant of bail by Patiala House court has however not been sufficient to secure personal liberty of petitioner, embroiled as he is in diverse FIRs"

Supreme Court dictates orders. #mohammadzubair
"In FIR viz. Sitapur, Petitioner was granted bail which was further extended on July 12, 2022. As narration of facts discloses, the grant of bail first by Supreme court and later by PH Court, leaves petitioner embroiled.."

Supreme Court dictates orders. #mohammadzubair
"Essentially, offences pertain to tweets put out against him..."

BREAKING: Supreme Court Grants interim bail to Mohammad Zubair in all FIRs which form subject matter of the present proceedings.
Exercise of power of arrest must be pursued sparingly, says Supreme Court. #MohammadZubair

Supreme Court: No reason to subject Mohammad Zubair to endless round of proceedings.

Supreme Court: As regards quashing of FIRs, it is important to note that the offences relate to one which is of cognate nature (before UP). Fairness to petitioner would require that all FIRs be clubbed together and be inquired by same investigating authority #MohammadZubair

Supreme Court: We are of the view that alternate prayer (of clubbing FIRs) of petitioner should be transferred to special cell of Delhi Police. As a consequence, the SIT by Uttar Pradesh shall be rendered REDUNDANT & DISBANDED. #MohammadZubair

Supreme Court: Recourse to petitioner for quashing of petitioner(s) open. All recourse regarding FIR's shall lie before Delhi High Court #MohammadZubair

Supreme Court: Though we have not quashed FIRs, we clarify that the liberty of the same is open to petitioner.
#MohammadZubair

Supreme Court: Petitioner entitled to order of interim bail not only in respect of FIRs already registered but also wrt all FIRs on same subject matter. #MohammadZubair

Supreme Court: Petitioner to file personal release bond of Rs. 20,000 in connection with 6 FIRs...
(Justice Chandrachud asks how many FIRs, counsel says 7) #MohammadZubair

Supreme Court: FIRs shall stand transferred to Delhi Police, SIT by state of UP shall stand disbanded.
#MohammadZubair

Supreme Court: Petitioner entitled to order of interim bail as directed above.
Petitioner at liberty to pursue rights and remedies in proceedings under article 226 of constitution and for quashing of FIRs under CRPC in accordance of law. #MohammadZubair

Supreme Court: The above order not a comment on merits #MohammadZubair

BREAKING: Supreme Court says that SI of Tihar jail to ensure that Mohammad Zubair be release by 6 pm today.
#MohammadZubair

Garima Parshad says that Mohammad Zubair should be restrained from posting tweets.
Justice Chandrachud: Thats like telling a lawyer not to argue, how can we tell a journalist not to write?
#MohammadZubair

Garima Parshad says he is not a journalist and that if he is not restrained, the same things will continue.
Justice Chandrachud says that he will be liable if he does anything in derogation of the law but he cannot pass an order which disallows him from tweeting #MohammadZubair

Hearing over.

Supreme Court Orders Release Of Mohammed Zubair By 6 PM Today [Read crux of exchange] #MohammadZubair
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