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Arrest is not meant to be and must not be used as a "punitive tool" but the criminal justice machinery was "relentlessly employed" against Alt News Co-founder Mohammad Zubair, the Supreme Court said while granting him interim bail in connection with the FIRs lodged against him in Uttar Pradesh for alleged hate speech.
Gag orders have a "chilling effect" on the freedom of speech, the apex court said while refusing to accept the submission of the counsel representing Uttar Pradesh that Zubair be barred from tweeting when he is on bail.
In its July 20 verdict, which was uploaded on the apex court website on Monday evening, a bench headed by Justice D Y Chandrachud said despite the fact that same tweets allegedly gave rise to similar offences in the FIRs, Zubair was subjected to multiple investigations across the country.
"As evident from the facts narrated above, the machinery of criminal justice has been relentlessly employed against the petitioner (Zubair)," said the bench, also comprising Justices Surya Kant and A S Bopanna.
"Resultantly, he is trapped in a vicious cycle of the criminal process where the process has itself become the punishment," the bench said in 21-page judgement.
The apex court had delivered its verdict on Zubair's plea seeking quashing of the FIRs lodged in Uttar Pradesh against him.
The top court had ordered the release of Zubair on interim bail in relation to the FIRs lodged in Uttar Pradesh against him for alleged hate speech and transferred the cases to the Special Cell of Delhi Police.
In its judgement, the apex court said police officers are vested with the power to arrest individuals at various stages of the criminal justice process, including during the course of investigation, but this power is not "unbridled".
"Arrest is not meant to be and must not be used as a punitive tool because it results in one of the gravest possible consequences emanating from criminal law: the loss of personal liberty. Individuals must not be punished solely on the basis of allegations, and without a fair trial," the bench said.
It said the criminal law and its processes ought not to be instrumentalised as a "tool of harassment".
On the contention of UP's counsel that Zubair must be barred from tweeting when he is on bail, the bench said merely because the complaints filed against him arise from posts that were made by him on a social media platform, a blanket anticipatory order preventing him from tweeting cannot be made.
"A blanket order directing the petitioner to not express his opinion - an opinion that he is rightfully entitled to hold as an active participating citizen - would be disproportionate to the purpose of imposing conditions on bail. The imposition of such a condition would tantamount to a gag order against the petitioner," it said.
"Gag orders have a chilling effect on the freedom of speech," the bench observed.
It noted that according to Zubair, he is a journalist who is the co-founder of a fact checking website and uses Twitter as a medium of communication to dispel false news and misinformation "in this age of morphed images, clickbait, and tailored videos".
The apex court said passing an order restricting the petitioner from posting on social media would amount to an unjustified violation of the freedom of speech and expression and the freedom to practice his profession.
"The bail conditions imposed by the court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed," the bench said.
On the issue of power to arrest, the apex court referred to its Arnesh Kumar verdict and said when it is exercised without application of mind and without due regard to the law, it amounts to an abuse of power.
"Section 41 of the CrPC (Code of Criminal Procedure) as well as the safeguards in criminal law exist in recognition of the reality that any criminal proceeding almost inevitably involves the might of the state, with unlimited resources at its disposal, against a lone individual," it said.
The bench noted that Zubair was subjected to multiple investigations across the country despite the fact that same tweets allegedly gave rise to similar offences in diverse FIRs.
"Consequently, he would be required to hire multiple advocates across districts, file multiple applications for bail, travel to multiple districts spanning two states for the purposes of investigation, and defend himself before multiple courts, all with respect to substantially the same alleged cause of action. Resultantly, he is trapped in a vicious cycle of the criminal process where the process has itself become the punishment," it observed.
The bench said it also appeared that certain dormant FIRs from 2021 were activated as certain new FIRs were registered, thereby compounding the difficulties faced by Zubair.
The top court also disbanded the special investigation team (SIT) which was constituted by the Uttar Pradesh Police to probe the FIRs.
Zubair was arrested by the Delhi Police on June 27 for allegedly hurting religious sentiments through one of his tweets.
Multiple FIRs were lodged against him in UP -- two in Hathras and one each in Sitapur, Lakhimpur Kheri, Muzaffarnagar, Ghaziabad, and at Chandauli police station for allegedly hurting religious sentiments.

SC's detailed order on Mohd Zubair's bail plea: Criminal justice machinery 'relentlessly employed'

The top court had ordered the release of Zubair on interim bail in relation to the FIRs lodged in Uttar Pradesh against him for alleged hate speech and transferred the cases to the Special Cell of Delhi Police
&nbsp;

Arrest is not meant to be and must not be used as a "punitive tool" but the criminal justice machinery was "relentlessly employed" against Alt News Co-founder Mohammad Zubair, the Supreme Court said while granting him interim bail in connection with the FIRs lodged against him in Uttar Pradesh for alleged hate speech.
Gag orders have a "chilling effect" on the freedom of speech, the apex court said while refusing to accept the submission of the counsel representing Uttar Pradesh that Zubair be barred from tweeting when he is on bail.
In its July 20 verdict, which was uploaded on the apex court website on Monday evening, a bench headed by Justice D Y Chandrachud said despite the fact that same tweets allegedly gave rise to similar offences in the FIRs, Zubair was subjected to multiple investigations across the country.
"As evident from the facts narrated above, the machinery of criminal justice has been relentlessly employed against the petitioner (Zubair)," said the bench, also comprising Justices Surya Kant and A S Bopanna.
"Resultantly, he is trapped in a vicious cycle of the criminal process where the process has itself become the punishment," the bench said in 21-page judgement.
The apex court had delivered its verdict on Zubair's plea seeking quashing of the FIRs lodged in Uttar Pradesh against him.
The top court had ordered the release of Zubair on interim bail in relation to the FIRs lodged in Uttar Pradesh against him for alleged hate speech and transferred the cases to the Special Cell of Delhi Police.
In its judgement, the apex court said police officers are vested with the power to arrest individuals at various stages of the criminal justice process, including during the course of investigation, but this power is not "unbridled".
"Arrest is not meant to be and must not be used as a punitive tool because it results in one of the gravest possible consequences emanating from criminal law: the loss of personal liberty. Individuals must not be punished solely on the basis of allegations, and without a fair trial," the bench said.
Also watch: <a href="https://www.editorji.com/india-news/hasty-arrests-difficulty-in-getting-bail-chief-justice-ramana-lists-problems-in-justice-system-1658031955665">'Hasty arrests, difficulty in getting bail': Chief Justice Ramana lists problems in justice system</a>
It said the criminal law and its processes ought not to be instrumentalised as a "tool of harassment".
On the contention of UP's counsel that Zubair must be barred from tweeting when he is on bail, the bench said merely because the complaints filed against him arise from posts that were made by him on a social media platform, a blanket anticipatory order preventing him from tweeting cannot be made.
"A blanket order directing the petitioner to not express his opinion - an opinion that he is rightfully entitled to hold as an active participating citizen - would be disproportionate to the purpose of imposing conditions on bail. The imposition of such a condition would tantamount to a gag order against the petitioner," it said.
"Gag orders have a chilling effect on the freedom of speech," the bench observed.
It noted that according to Zubair, he is a journalist who is the co-founder of a fact checking website and uses Twitter as a medium of communication to dispel false news and misinformation "in this age of morphed images, clickbait, and tailored videos".
The apex court said passing an order restricting the petitioner from posting on social media would amount to an unjustified violation of the freedom of speech and expression and the freedom to practice his profession.
"The bail conditions imposed by the court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed," the bench said.
On the issue of power to arrest, the apex court referred to its Arnesh Kumar verdict and said when it is exercised without application of mind and without due regard to the law, it amounts to an abuse of power.
"Section 41 of the CrPC (Code of Criminal Procedure) as well as the safeguards in criminal law exist in recognition of the reality that any criminal proceeding almost inevitably involves the might of the state, with unlimited resources at its disposal, against a lone individual," it said.
The bench noted that Zubair was subjected to multiple investigations across the country despite the fact that same tweets allegedly gave rise to similar offences in diverse FIRs.
"Consequently, he would be required to hire multiple advocates across districts, file multiple applications for bail, travel to multiple districts spanning two states for the purposes of investigation, and defend himself before multiple courts, all with respect to substantially the same alleged cause of action. Resultantly, he is trapped in a vicious cycle of the criminal process where the process has itself become the punishment," it observed.
Also watch: <a href="https://www.editorji.com/india-news/cji-ramana-electronic-media-running-kangaroo-courts-1658565302425">CJI Ramana: electronic media running kangaroo courts</a>
The bench said it also appeared that certain dormant FIRs from 2021 were activated as certain new FIRs were registered, thereby compounding the difficulties faced by Zubair.
The top court also disbanded the special investigation team (SIT) which was constituted by the Uttar Pradesh Police to probe the FIRs.
Zubair was arrested by the Delhi Police on June 27 for allegedly hurting religious sentiments through one of his tweets.
Multiple FIRs were lodged against him in UP -- two in Hathras and one each in Sitapur, Lakhimpur Kheri, Muzaffarnagar, Ghaziabad, and at Chandauli police station for allegedly hurting religious sentiments.

The Supreme Court has granted interim bail to fact-checking journalist Mohammad Zubair in all the six FIRs registered against him in Uttar Pradesh.A bench of Justices D Y Chandrachud and A S Bopanna said it would that the journalist must not be arrested in any new case.Zubair, the co-founder of Alt News is seeking quashing of the FIRs registered against him for allegedly outraging religious sentiments.The bench while granting bail remarked that in the present case, there is no justification to keep Zubair in continued custody any further and subject him to diverse proceedings when the gravamen of allegations arises from the tweets which forms part of investigation by Delhi Police.

SC grants bail to Mohammad Zubair in all FIRs filed in UP

A bench of Justices D Y Chandrachud and A S Bopanna said that the journalist must not be arrested in any new case.

The Supreme Court has granted interim bail to fact-checking journalist Mohammad Zubair in all the six FIRs registered against him in Uttar Pradesh. A bench of Justices D Y Chandrachud and A S Bopanna said it would that the journalist must not be arrested in any new case. Zubair, the co-founder of Alt News is seeking quashing of the FIRs registered against him for allegedly outraging religious sentiments. The bench while granting bail remarked that in the present case, there is no justification to keep Zubair in continued custody any further and subject him to diverse proceedings when the gravamen of allegations arises from the tweets which forms part of investigation by Delhi Police.

The Supreme Court on Friday granted five-day interim bail to Alt News co-founder Mohammed Zubair in connection with an FIR lodged in Sitapur district of Uttar Pradesh for allegedly outraging religious sentiments.
The bench clarified that it has not stayed the investigation in the case registered at Sitapur and police can seize laptop and other electronic gadgets, if required.
The bench restrained Zubair from posting anything on Twitter with regard to the case and asked him not to leave the jurisdiction of Delhi.
He will however continue to be in jail as he has not been granted bail in the case filed against him in Delhi. 
An FIR was lodged against Zubair in Uttar Pradesh on a complaint by Hindu Sher Sena Sitapur district president Bhagwan Sharan on June 1 over a tweet calling Hindu seers 'hate-mongers'
Zubair was arrested by the Delhi Police on June 27 for allegedly hurting religious sentiments through one of his tweets.

Mohammad Zubair gets interim bail in UP case, journalist to remain in jail

The Supreme Court on Friday granted five-day interim bail to Alt News co-founder Mohammed Zubair in connection with an FIR lodged in Sitapur district of Uttar Pradesh for allegedly outraging religious sentiments.

The bench clarified that it has not stayed the investigation in the case registered at Sitapur and police can seize laptop and other electronic gadgets, if required.

The Supreme Court on Friday granted five-day interim bail to Alt News co-founder Mohammed Zubair in connection with an FIR lodged in Sitapur district of Uttar Pradesh for allegedly outraging religious sentiments.
The bench clarified that it has not stayed the investigation in the case registered at Sitapur and police can seize laptop and other electronic gadgets, if required.
The bench restrained Zubair from posting anything on Twitter with regard to the case and asked him not to leave the jurisdiction of Delhi.
He will however continue to be in jail as he has not been granted bail in the case filed against him in Delhi.&nbsp;
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An FIR was lodged against Zubair in Uttar Pradesh on a complaint by Hindu Sher Sena Sitapur district president Bhagwan Sharan on June 1 over a tweet calling Hindu seers 'hate-mongers'
Zubair was arrested by the Delhi Police on June 27 for allegedly hurting religious sentiments through one of his tweets.

Amid the Nupur Sharma, Alt News co-founder, and Kaali poster controversies, now the BJP has removed its Haryana unit's Information Technology cell chief.
Arun Yadav was sacked from the post after his old tweets targeted at a minority community were shared on social media. Yadav was removed as IT-cell chief, but not suspended from the BJP, as per reports.
Congress leader Srinivas BV called the BJP's action eyewash, and asked for Yadav's arrest.
Controversies over comments allegedly hurting religious sentiments have dominated headlines in recent weeks.
First, BJP suspended its leaders Nupur Sharma and Naveen Jindal for remarks regarding Muhammad, who is considered a Prophet of Allah by followers of Islam.
Then, Alt News co-founder Mohammed Zubair was arrested on June 27 for tweets dating back to 2018.
Subsequently, documentary film-maker Leena Manimekalai came under attack for a poster of her new film which shows an actor dressed as Hindu goddess Kaali smoking and holding the LGBT+ movement's rainbow flag.

After Nupur, BJP sacks Haryana IT cell chief amid controversy over tweets; Congress asks 'why no arrest?'

Arun Yadav was sacked from the post of Haryana BJP's IT cell chief after his old tweets targeted at a minority community were shared on social media.

Amid the Nupur Sharma, Alt News co-founder, and Kaali poster controversies, now the BJP has removed its Haryana unit's Information Technology cell chief.
Arun Yadav was sacked from the post after his old tweets targeted at a minority community were shared on social media. Yadav was removed as IT-cell chief, but not suspended from the BJP, as per reports.
Congress leader Srinivas BV called the BJP's action eyewash, and asked for Yadav's arrest.
Controversies over comments allegedly hurting religious sentiments have dominated headlines in recent weeks.
Also Watch| <a href="https://www.editorji.com/india-news/sc-s-comments-deserve-no-applause-ex-judges-veterans-rain-down-on-sc-1657027745467" target="_blank">SC's comments deserve no applause: ex-judges, veterans rain down on SC</a>
First, BJP suspended its leaders Nupur Sharma and Naveen Jindal for remarks regarding Muhammad, who is considered a Prophet of Allah by followers of Islam.
Then, Alt News co-founder Mohammed Zubair was arrested on June 27 for tweets dating back to 2018.
Subsequently, documentary film-maker Leena Manimekalai came under attack for a poster of her new film which shows an actor dressed as Hindu goddess Kaali smoking and holding the LGBT+ movement's rainbow flag.

Mohammed Zubair, the founder of fact-checking website Alt News, has been denied bail and sent to judicial custody for 14 days by a Delhi court. 
The journalist was arrested earlier this week for allegedly hurting religious sentiments through one of his tweets in 2018. 
Delhi Police's lawyer Atul Shrivastava said that they have also added charges of criminal conspiracy and destruction of evidence against him. They have also accused him of accepting payment through Pakistan, Syria and other countries. 

Journalist Mohd Zubair's bail plea rejected: Delhi Police lawyer

Mohammed Zubair, the founder of fact-checking website Alt News, has been denied bail and sent to judicial custody for 14 days by a Delhi court. 

The journalist was arrested earlier this week for allegedly hurting religious sentiments through one of his tweets in 2018.&nbsp;

Mohammed Zubair, the founder of fact-checking website Alt News, has been denied bail and sent to judicial custody for 14 days by a Delhi court.&nbsp;
The journalist was arrested earlier this week for allegedly hurting religious sentiments through one of his tweets in 2018.&nbsp;
Delhi Police's lawyer Atul Shrivastava said that they have also added charges of criminal conspiracy and destruction of evidence against him. They have also accused him of accepting payment through Pakistan, Syria and other countries.&nbsp;
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Calling it "extremely disturbing", the Editors Guild of India has ondemned the arrest of fact-checker Mohammed Zubair and demanded his immediate release. Pointing to commitments made by Prime Minister Narendra Modi in the G7 meeting in Germany to ensure a resilient democracy by protecting online and offline content, the journalist body said his release would support India's position.
Zubair was arrested for a 2018 tweet that police say was "highly provocative and more than sufficient to incite feelings of hatred" among people. The Guild said Zubair and his website AltNews have done some exemplary work over the past few years in identifying fake news and countering disinformation campaigns, in a very objective and factual manner.Slamming "those who use disinformation as a tool to polarise the society and rake nationalist sentiments", the Editors Guild of India further stated that AltNews' "alert vigilance" was resented by them.
 

Mohammad Zubair arrest: Editors Guild invokes PM Modi G7 joint statement

Zubair was arrested for a 2018 tweet that police say was "highly provocative and more than sufficient to incite feelings of hatred" among people.&nbsp;

Calling it "extremely disturbing", the Editors Guild of India has ondemned the arrest of fact-checker Mohammed Zubair and demanded his immediate release. Pointing to commitments made by Prime Minister Narendra Modi in the G7 meeting in Germany to ensure a resilient democracy by protecting online and offline content, the journalist body said his release would support India's position.
Zubair was arrested for a 2018 tweet that police say was "highly provocative and more than sufficient to incite feelings of hatred" among people.&nbsp; The Guild said Zubair and his website AltNews have done some exemplary work over the past few years in identifying fake news and countering disinformation campaigns, in a very objective and factual manner. Slamming "those who use disinformation as a tool to polarise the society and rake nationalist sentiments", the Editors Guild of India further stated that AltNews' "alert vigilance" was resented by them.
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Journalist and Alt News co-founder Mohammad Zubair was arrested on Monday by the Delhi Police for allegedly hurting religious sentiments, officials said.
A case was earlier registered under sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, language etc) and 295A (deliberate and malicious act intended to outrage religious feelings) of the Indian Penal Code against Zubair, K P S Malhotra, DCP (Cyber Crime), said.
Zubair joined the probe on Monday and after gathering sufficient evidence on record, he was arrested, Malhotra said.
He said Zubair is being produced before a magistrate for seeking police remand. 

 Journalist and Alt News co-founder Mohammad Zubair arrested

Journalist and Alt News co-founder Mohammad Zubair was arrested on Monday by the Delhi Police for allegedly hurting religious sentiments, officials said.

Journalist and Alt News co-founder Mohammad Zubair was arrested on Monday by the Delhi Police for allegedly hurting religious sentiments, officials said.

&nbsp;Fact-checking website Alt News co-founder Mohammad Zubair was arrested by the Delhi Police on Monday for allegedly hurting religious sentiments through one of his tweets, officials said.
Earlier this month, a case against Zubair was registered under sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, language etc.) and 295A (deliberate and malicious act intended to outrage religious feelings) of the Indian Penal Code (IPC), K P S Malhotra, Deputy Commissioner of Police (Cyber Cell), said.
Zubair was produced before a magistrate, who sent him to police custody for a day.
Opposition leaders, including former Congress chief Rahul Gandhi, slammed Prime Minister Narendra Modi and his government over Zubair's arrest.
The Alt News co-founder was arrested in connection with one of his recent tweets that had a questionable image with a purpose to deliberately insult the god of a particular religion, the DCP said.
Police said the case was registered on the complaint of a Twitter user who accused Zubair of hurting religious sentiments.
Alt News co-founder Pratik Sinha alleged that Zubair was arrested in a case for which no notice was given by the police, which is mandatory under law for the sections under which he has been held.
"Zubair was called today by Special Cell, Delhi for investigation in a 2020 case for which he already had a protection against arrest from High Court. However, today at around 6.45 pm, we were told he has been arrested in some other FIR for which no notice was given which is mandatory under law for the section under which he has been arrested.
"Nor FIR copy is being given to us despite repeated requests," Sinha said in a statement posted on Twitter.
In another tweet, he alleged that after the medical examination, Zubair was taken to an undisclosed location.
"...Neither Zubair's lawyers or I are being told where. We are in the police van with him. No police person is wearing any name tag," Sinha alleged.
Police in a statement said Zubair was "evasive" on their questions and neither provided the "necessary technical equipment" for the purpose of the investigation nor cooperated in the case.
"During investigation, the conduct of Mohammed Zubair was found questionable, which warranted his custodial interrogation to unravel the conspiracy in this matter. Accordingly, he has been arrested," the statement said.
According to the officials, Zubair's tweets were getting re-tweeted and it appeared that there was a brigade of social media entities who indulged in hate mongering, thereby leading to a possible ramification on communal harmony and which was against the maintenance of public tranquillity.
On Monday, Zubair joined the probe in a case registered against him in connection with another tweet in 2020. During the investigation of the case, the Delhi Police had given a status report, in which that tweet was not found to be objectionable.
But his subsequent tweets were found to be questionable and derogatory, the police said, adding that in the investigation of FIR number 194/20, Zubair was examined earlier and the probe is about to be concluded.
"In June 2022, when Delhi Police was alerted by a Twitter handle that Mohammad Zubair had made an objectionable tweet earlier and his followers/social media entities had amplified and created a series of debates/hate mongering in the thread, he was examined in the case registered earlier this month and his role was found objectionable," the statement said.
Opposition leaders slammed the Centre over Zubair's arrest "Every person exposing BJP's hate, bigotry and lies is a threat to them. Arresting one voice of truth will only give rise to a thousand more. Truth ALWAYS triumphs over tyranny. #DaroMat," Gandhi said in a tweet.
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mohammad zubair

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