The Supreme Court is likely to hear on Friday journalist Mohammed Zubair's plea seeking bail in the case where he called Hindu seers "spreaders of hate." Senior advocate Colin Gonsalves alleged death threats against the fact-checker as he sought an urgent listing of the case.
"A look at the FIR shows that there is no crime...we are very worried about him, Gonsalves told the vacation bench of the Supreme Court. "There are death threats against him. Those making the hate speeches are very anxious and said they might try to kill him," the senior advocate added.
Zubair, co-founder of fact-checking website Alt News, has also challenged the Allahabad High Court's order refusing to quash the FIR against him. The plea in the top court was filed even as the UP police is likely to seek police custody in this matter. Sitapur Police in June filed an FIR against Zubair for allegedly calling three Hindu seers—Yati Narsinghanand, Bajrang Muni, and Anand Swarup—as "spreaders of hate".
Also Read: Delhi Court Denies Bail To AltNews Co-Founder Mohammed Zubair
New police strategy for registering FIRs in hate crime cases
Mohammed Zubair contended that the police have adopted a new strategy in cases pertaining to communal crimes. "That is to register FIRs against those engaging in hate speech & communal crimes, as well as to rope in all secular elements monitoring such crimes and protesting police inaction against the wrongdoers," the plea said.
"This is done with the intention of stifling freedom of speech of secular persons in society who stand up against communal elements and to put fear into them so that they no longer protest," the plea added.
Zubair implored the top court to understand this new strategy and nip it in the bud so that secular social activism continues on its path and plays the most necessary role in society to stand up to communalism.
There are many who engage in hate speech, Zubair said as he outlined the modus operandi of the harassment against those who speak out against hate speech.
"They operate as a group identifying secular persons who speak out against hate speech and then contact one another to file multiple FIRs against innocent people who are speaking out bravely against hate speech," Zubair said.
Zubair has become a victim of unwarranted hostile attention by those engaging in hate speech since he is a leading person who is documenting hate and bringing it to the attention of the police, the petition read.
"The only way forward for him is to go to the courts or to shut down his organization completely. The latter is what the hate speech organisations supported by political parties want to force him to do," the plea added.
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No merit in the FIR
Senior advocate Colin Gonsalves told the Supreme Court that a plain reading of the FIR would reveal that Zubair has committed no crimes.
Section 295A of the Indian Penal Code is applicable to those who outrage religious feelings, however, facts reveal that Mohammed Zubair is speaking out against those who insult religious feelings, the petition said.
The petition added that a hate monger is defined "as a person who promotes hostility and prejudice, especially towards a minority group". Hence calling a person "hatemonger" especially when they are promoting hostility and prejudice is not a crime at all,' it said.
The plea added that it was the mainstream media and not Zubair that called the three Hindu seers hatemongers.
The FIR filed by Sitapur police is fit for quashing since there are overwhelming facts, materials and evidence to the contrary which demonstrate and establish that the contents of the FIR are wholly false and fabricated and that the offences under which the said FIR is registered are untenable, as they lack jurisdiction and the authority of law, the plea added.
Also Read: Alt News Co-Founder Mohammed Zubair Arrested By Delhi Police