Thread by @barandbench

Supreme Court will today hear petition by @AltNews co founder and fact checker Mohammed Zubair seeking to quash all the FIRs lodged against by Uttar Pradesh police in the state. The plea also seeks interim bail for @zoo_bear till the quashing petition is decided
#SupremeCourt

#SupremeCourt had earlier ordered that no "precipitative action" be taken against Alt News co-founder Mohammed Zubair in 5 first information reports (FIRs) registered against him by the Uttar Pradesh Police (UP Police).

barandbench.com/news/supreme-c…

Adv Vrinda Grover: I have prepared a fresh table which shows the status of cases. There are 3 FIRs based on the same tweet. since tweets are subject matter of all FIRs it is not disputed. All are under 153A, 295A, 505 etc. then is Hathras where i am not named

#zubairarrest

Grover: Please take a look at the tweets which are subject matter of the FIR. Please pass it on to the bench
#zubairarrest

Grover: we have also filed additional documents in this regard and it was filed through the IA.

UP AAG Garima Prashad appears for the state of UP

#zubairarrest

Grover: there is 1 FIR in Delhi in which I have been granted regular bail on July 15. that is based on a tweet which is of March 24, 2018. during investigation, section 35 FCRA and Section 67 IT act was added. scope expanded. there was 5 days remand suffered

Grover: search and seizure was allowed in Bangalore. the tweet is from an Android phone device.

Justice Chandrachud: which is the tweet?

Grover: it is this one (the movie Kissi se na Kehna)

Grover: my laptop was seized and I have challenged the same before Delhi HC. Then when status report was filed, and then scope of investigation was enlarged in the first FIR where remand was granted. #zubairarrest

Grover: there are 7 tweets. one is against Bajrang Munni, this is in Sitapur.tweet 2 is of one showing the mahabharata war which is subject matter of a FIR in Hathras. now i am in remand and there is an application for 14 days police custody which will be heard tomorow in hathras

Grover: now they are looking at any tweets. then there is tweet 6 which is also subject matter of Hathras

Justice Chandrachud: what about tweet 5

Grover: nothing yet but these are open ended FIRs

Grover: Now he is in judicial custody in hathras. tomorrow there is police custody hearing in hathras. then there is another case in lakhimpur kheri. another application for remand in lakhimpur kheri is pending. there are FIRs in chandoli, Muzaffarnagar

Grover:See what is the tweet. There is no incitement whatsoever. Please see it is a graphic by Sudarshan TV. This graphic shows a mosque which is not in existence. I am a fact checker that is why I am showing this. here madina mosque was superimposed in Gaza, UP police was tagged

Grover: see who is inciting and please take a look at the graphic by @SudarshanNewsTV ... this as a fact checker I placed on record that this was the actual picture of Gaza bombing and that the superimposed picture was of Madina mosque. this is about silencing.

Grover: prima facie there is no offence made out. PS Chandoli I have discovered only yersterday. not a single tweet is there which shows incitement of disaffection or ill will. please say FIRs say he has incited muslims across the globe where as only UP police is tagged

Grover: tweets may be different but the tone of FIR and injury caused in all FIRs is same. this is using criminal law machinery to harass and silence me. they have set up an SIT. #zubairarrest

Grover: there are 6 FIRs before SIT and Chandoli one is not there. please see the scope of investigation... it is about derogatory remarks on anchors of channels and insulting Gods and Goddesses. I am appalled by the first reason not much has to be said about it

Grover: SIT was formed on July 10 after this court Had granted me protection in Sitapur case. This SIT probe overlaps with the investigation also carried out, and suddenly I am being probed by UP police special cell.

Grover: what is the subject matter that they wish to investigate.. they say derogatory remarks against Hindu Gods and Goddesses have been made since 2014 from multiple devices and such devices in with possession of Delhi police special cell.

Grover: they then say I have received funding from abroad sources. Razorpay payment gateway has said that funding only from domestic sources was allowed. this is the statement of razorpay.

Grover: Is this manner of invasive police interrogation will withstand scrutiny of the court and this is nothing but a abuse of statutory power. #zubairarrest

Grover: there continues to real threat to his life and it says let him be brought to UP courts, Bounty has been announced on his head. He is in Tihar Jail now. this is an orchestrated investigation. 14 days remand has been sought for vague, omnibus investigation

Grover: In Hathras an omnibus remand application was made. same notices were issues by courts like in Sitapur. these issues are subject to investigation by Delhi police and I have gone through all steps of CrPC. But if this goes on then he may not live.

Grover: I am making a statement, it is becoming all the more impossible to have counsels appear for him in these UP courts. In Jiggisha Arora it was held technicalities of law will stand in way of the remedy #zubairarrest

Grover: In Monica Kumar judgment, it was held that if proceedings in criminal case was going on for oblique processes then it will be fit to quash such criminal proceedings.

Grover: the power to do complete justice under Article 142 is a corrective power which gives importance to equity and that is what I pray before this court. I seek to quash all these FIRs where there is no case made out against me. I also rely on Bhajan Lal case

Grover: In Bhajan Lal case it was held that when criminal cases were lodged to meet personal grudges and to spite the accused then such case has to be quashed.

SC: You are not before our court to seek quash of Delhi police FIR. But these FIRs overlap with Delhi police FIR

Justice Chandrachud: once you are not before us for Delhi police FIR quashing, then we may have to accept a nuanced approach towards this.
#zubairarrest

Grover: I further rely on the Arnab Goswami judgment, Para 38. Foundation of all these FIRs are that these dormant and only activated only when I am on bail on some case. That is why I am saying there is more than what meets the eye #zubairarrest

Grover: we are in the age of digital media and social media and that is why role of some one debunking propaganda can irk someone but law cannot be weaponised against me

AAG Prashad: The accused is not a journalist. He calls himself a fact checker. Instead of fact checking, he posts tweets which are getting viral and spreads venom and propagating people. He has been paid for these tweets and he gets paid more for the malicious tweets

AAG: He has admitted that he has received 2 crores for such tweets. 12 lakhs is his quota. state is conscious that here is a person who instead of informing police, he takes advantage of videos, speeches etc which can create communal divide

UP Counsel: state is not here because of some tweets, but because of violence that has happened after such tweets. Please see the Ghaziabad case.

Grover: Please see all the pages, UP police has been tagged in all of these.

UP: Please see what happened in Ghaziabad, Loni. this was the video of an old man who was taveez maker and that he was beaten up, he reported it in this manner, incident happened on June 5, 2021 and nothing happens till FIR is lodged against unknown persons.

UP: He takes advantage of this video, tweets it to his lakhs of followers. then he writes all this to inflames the passions of people all over the country. then communal tension arises in Loni, Ghaziabad. It is found that on June 14 he tweeted and June 15 police called him

UP: Zubair admitted that it was not a communal issue...

Judges discussing

#Supremecourt

Grover: the police was tagged..

UP AAG: It is after this tweeting and his own followers retweeted this to millions and then communal disharmony was created in Ghaziabad. On June 28 Zubair gave a written apology since they did not check the facts

Justice Chandrachud: special cell Of Delhi police is looking at it and the subject matter is variety of tweets, he is on bail by the Delhi court. now we have to see balance of justice. how can multiplicity of proceedings carry on Ghaziabad, hathras etc?

Justice Chandrachud: The Delhi incident was the first one...

UP AAG: Delhi is not in first time. In fact he is so overactive in terms of his viciousness , there is a FIR under POCSO Act and he has not spared a 10 year old girl also.

UP AAG: It is not about two or three tweets, coming to Sitapur, Bajrang Munni made objectionable statements. But no one made any complaints. But here zubair shares the speech and makes it viral and does not tag the sitapur police. the speech was about raping woman of a community

Justice Chandrachud: Just one second haan..

Judges discuss

#supremecourt

UP AAG: This incident took place in april. there was malicious intent as when tv debate took place, communal tension had taken place and sitapur was cordoned off. on May 27 he again tags a debate of baba Bajrang Munni which had nothing to do with Bajrang Munni

#ZubairArrest

UP AAG: This person realizes the importance of his tweet, Now coming to Hathras. It is said FIR does not have his name.

UP AAG: There were tweets of June 6 which said why are people not protesting. his tweets were circulated as pamphlets and soon after the people came out of prayers and there was heavy violence

UP AAG: Accused from such violent scenes have admitted that they were given the pamphlets with tweets of Zubair printed. the state wants to ensure that there is no communal disharmony. it is not about general tweets and there is general action

UP AAG: While granting interim bail, this honourable court noted that he will not post any such tweets. thus this court realised that his tweets were not earnest tweets and it was not to promote love and affection between communities. We cannot have such Ministries of hate

UP AAG: SIT was formed by the police looking at the gravity of the situation so that the local police who does not know which sections have to be added or not to be added can be guided. The SIT is by a notable officer. there is no conscious viciousness against petitioner

UP AAG: State only wants to maintain communal harmony in the state of UP and nothing else. he is just increasing his followers by such tweets. He must be remanded to competent courts.

UP AAG: Only wherever he his required he will be taken into custody. we have no viciousness against the petitioner.

Matter to resume post lunch when Advocate Vrinda Grover will be rebutting to the arguments of UP AAG

#ZubairArrest #supremecourt

UPDATE: #SupremeCourt to pass orders in the Mohammed Zubair case at 2 pm.

Track this thread for live updates :

@AltNews #zubairarrest

Bench assembles

@AltNews #Zubairarrest #SupremeCourt

Adv Vrinda Grover: i am not conceding to the quashing. I am going to challenge it

SC: We are seasoned enough to know that

@AltNews #Zubairarrest #SupremeCourt

Grover: I can factually rebut the arguments with documents. in POCSO case they have submitted report saying there is no cognisable offence against me

@AltNews #Zubairarrest #SupremeCourt

ORDER

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: these are 7 tweets on the basis of which Delhi police special cell is conducting the probe.

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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.

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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.

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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.

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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..

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: in the FIR of Delhi police he has been granted regular bail by the sessions judge Patiala House Courts. status report filed by Delhi police states that scope of probe has been widened so as to include FCRA

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: Tweets adverted to in Delhi police case also forms the subject matter of FIRs lodged in diverse police stations of UP.

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest

Justice DY Chandrachud: 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.

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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.

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

BREAKING Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest

BREAKING Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: Thus the SIT formed by the UP govt stands disbanded and is hereby redundant.

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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

@AltNews #Zubairarrest #SupremeCourt

Justice DY Chandrachud: 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.

@AltNews #Zubairarrest #SupremeCourt

SC: 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

@AltNews #Zubairarrest #SupremeCourt

SC: Petitioner shall stand released on bail subject to furnishing of bail bond of 20,000. The petitioner can also add the Chandoli FIR.

SC to court master: take the 7 FIRs in the order and then taken one in Chandoli. So there are 8 FIRs

@AltNews #Zubairarrest #SupremeCourt

SC: 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:

@AltNews #Zubairarrest #SupremeCourt

SC: 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

@AltNews #Zubairarrest

SC: The petitioner will be at liberty to approach the HC under Article 226 or Section 482 Crpc as the case may be

@AltNews #Zubairarrest #SupremeCourt

SC: 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 #Zubairarrest

UP AAG: Muzaffarnagar FIR, chargesheet has been filed

SC : proceedings in that case be transferred to Chief Metropolitan Magistrate, Patiala House, Delhi.

BREAKING: SC: 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

Justice Chandrachud to his brother judges: we cannot say that he will not tweet again.. (mic gets muted)

Hearing over

#zubairarrest

Justice DY Chandrachud to court staff: Type out operative order in Zubair so we can sign it before going home. Operative order can state reasons in open court. Can tell UP AAG and Ms. Grover that only operative will be uploaded first so it can be implemented
#ZubairArrest

As Justice Chandrachud had instructed, operative part of the order is released so that the interim bail order can be implemented from 6om today.

#Zubair #Altnews @zoo_bear @AltNews @free_thinker #SupremeCourt