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Mohammed Zubair Bail: The Supreme Court on Monday said arrest should not be used as a “punitive weapon” but criminal justice should be filed against Alt News co-founder Mohammad Zubair. The system was “used continuously.” The Supreme Court made this remark while granting him interim bail in connection with an FIR lodged against Zubair in Uttar Pradesh for alleged hate speech.
The Supreme Court refused to accept the Uttar Pradesh government’s plea to bar Zubair from tweeting while he was on bail, saying the order prohibiting speech discourages freedom of expression. The Supreme Court had granted interim bail to Zubair on July 20 and the detailed order was uploaded on its website on Monday evening.
Countrywide investigation for similar crimes
A bench of Justices DY Chandrachud, Surya Kant and AS Bopanna said that despite similar offenses being registered in the FIR allegedly due to similar tweets, multiple investigations were initiated against Zubair across the country.
The bench, in its 21-page order, said, “The above facts show that the criminal justice machinery has been repeatedly used against the petitioner (Zubair). As a result, he is caught in a vicious cycle of criminal process where the process itself is I have become a punishment.”
Earlier, the court had directed that all FIRs registered against Zubair in Uttar Pradesh be transferred to the Special Cell of Delhi Police and the same would be applicable in respect of all existing and future FIRs registered in connection with the tweet.
fair investigation with zubair
The Supreme Court bench had said that for the sake of impartiality with Zubair, it is necessary that a complete investigation of all the FIRs should be done simultaneously and by a single investigating authority. The bench had observed, “Arrest should not be used as a punitive weapon as it results in one of the gravest possible consequences arising out of criminal law – loss of personal liberty. And should not be punished without fair trial.”
Released on interim bail in each FIR
The bench had said that the gravity of the allegations against the petitioner pertains to the tweets made by him. “While the record shows that the petitioner has been kept under constant scrutiny by the Delhi Police, we do not see any reason or justification for further depriving the petitioner of his liberty,” it said.
The Supreme Court had said, “Consequently, we are of the view that the petitioner be released on interim bail in each of the FIRs which are the subject of these proceedings under Article 32 of the Constitution.” The Supreme Court directed the disbanding of the Special Investigation Team (SIT) set up by the Uttar Pradesh government to probe the FIRs registered against Mohammad Zubair.
The bench had said that the court is inclined to direct the transfer of the investigation of the FIR registered in Uttar Pradesh to the Special Cell of Delhi Police. In Uttar Pradesh, a total of seven FIRs have been registered against Alt News co-founder Mohammad Zubair, two in Hathras and one each in Sitapur, Lakhimpur Kheri, Muzaffarnagar, Ghaziabad and Chandauli. Registered at the police station.
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