The Supreme Court observed that there appeared to be a vicious cycle wherein as soon as Alt News co-founder Mohammed Zubair got bail in one matter, he found himself arrested in a different case. The top court directed Uttar Pradesh police from taking "precipitative action" against Zubair till July 20 when it would hear his plea seeking to quash all the UP FIRs filed against him.
"The contents of all the FIRs seem to be similar. What seems to be happening is, as he gets bail in one case, he is remanded in another. This vicious cycle is continuing," Justice DY Chandrachud observed while granting relief.
The Supreme Court vacation bench on July 8 had granted Zubair bail in an FIR filed in the Sitapur, UP, where he was arrested for calling three Hindu seers 'hatemongers'. A Delhi sessions court on July 15 had granted Zubair bail in the case where he was arrested for tweeting a still from the 1983 Hrishikesh Mukherjee film Kissi Se na Kehna.
Earlier today, senior advocate Vrinda Grover had mentioned the matter before Chief Justice of India NV Ramana seeking an urgent hearing because of the "evergreening" of custody that began since his initial arrest on June 27. Grover, at CJI Ramana's direction, mentioned the matter before Justice Chandrachud again and the plea seeking interim relief was heard on an urgent basis during the post-lunch session.
BOOM recaps the arguments made in court today.
Also Read: Voices of Dissent Necessary For A Healthy Democracy: Delhi Court
Criminal law machinery being misused against journalist: Zubair to SC
Senior Advocate Vrinda Grover, representing fact checker Mohammed Zubair, listed out the FIRs filed against him in UP to suggest that the "evergreening" of police custody as soon as he gets relief in one matter.
As soon as the Supreme Court granted Zubair protection in the Sitapur matter, a court in Lakhimpur Kheri issued a production warrant. And when a Delhi Court granted bail, a production warrant was issued by a Hathras court, Grover said.
"As we speak right now, he is being produced in Hathras," Grover said seeking interim relief.
"There is a complete abuse of the law. Is this how the criminal law machinery must be used against a journalist? One you do not agree with?" Grover said.
Grover submitted that the case against Zubair is more or less similar. In most FIRs sections 153A (promoting enmity between religions), and 295A (insulting religions) are added. In some (FIRs) section 67 IT Act is added. If convicted, the maximum punishment all the sections carry is not more than three years, Grover said.
"All FIRs are based on tweets," Grover submitted. Referring to the Delhi Police status report, Grover said the Delhi Police now intend to probe a "larger conspiracy".
The senior advocate submitted that there is a threat to Zubair's life. She further submitted that cash rewards were announced—One reward, per state, per Union territory (so 28 rewards in all).
Grover further submitted that UP Police has not taken any action against them even when direct threats to kill Zubair are being made. "Not a single action was taken by the UP Police against those Twitter handles," she added.
Also Read: Supreme Court Grants Interim Bail to Mohammed Zubair, Bar on Tweeting
