The Supreme Court on Friday granted interim bail for five days to Alt News co-founder Mohammed Zubair in the case filed by the UP Police for calling Hindu seers "spreaders of hate".
The Sitapur court on Thursday remanded Zubair to police custody till July 14. However, even though the top court granted interim bail, Zubair has been directed to surrender before the competent authorities in Delhi where he is currently remanded to judicial custody in a separate case lodged here.
While granting interim bail, the Supreme Court barred Zubair from tweeting or posting anything on social media.
The top court's order came on a plea filed by Zubair challenging the Allahabad High Court order declining his plea to quash the FIR against him by the Sitapur police in a case where he called Hindu seers - Yati Narsinghanand, Bajrang Muni and Anand Swarup - spreaders of hate.
Also Read: Alt News Co-Founder Zubair Moves SC To Quash FIR By UP Police
Persons who made hate speech out on bail, Person who exposed them is in jail: Zubair to SC
Alt News co-founder Mohammed Zubair submitted before the Supreme Court that persons who made hate speech have been released on bail, whereas the person who exposed them is in jail.
"My life is in danger. There are many people advising to kill me. Advising the police to torture me. That is why I am here," Zubair said defending his request for an urgent hearing.
Senior advocate Colin Gonsalves, representing Zubair, said the charges of section 295A of the Indian Penal Code (IPC), 1860—which makes insulting a religion an offence—did not apply in this case. "If this gentleman (Zubair) had insulted the religion, I would not have defended (him). Here, where is the insult to religion? I am in fact defending it...," Gonsalves told the vacation bench of the Supreme Court.
"The next offence is Section 67 Information and Technology (IT) Act, 2000. It refers to the transmission of obscene material. It has nothing to do with this case. And they make such a clamour that they have to take this phone, take that phone," Gonsalves added.
Also Read: Take Preventive Action Against Dharam Sansad: SC to Uttarakhand
Not a case of an isolated tweet, Zubair is a habitual offender: UP govt to SC
Solicitor General Tushar Mehta told the Supreme Court that the case against Mohammed Zubair was not a question of an isolated tweet. It is not about a tweet, but whether he (Zubair) is part of a syndicate who is sensationalising tweets to destabilise the society," Mehta said.
"His overall conduct is being criminally investigated. He is a habitual offender. There are six cases registered against him," Mehta added.
"It is ironic that Mohammed Zubair is a fact-checker since he suppressed facts before this court," Mehta said alluding to the theory that the Alt News co-founder did not present the court with the complete picture of the cases against him.
Mehta said Zubair's tweet –where he called three Hindu seers "spreaders of hate" was purposeful and led to a law-and-order situation. "I am not defending this Yati Narsinghanand who was arrested and later released on bail by a competent court," Mehta added.
Earlier this year in January, the Uttarakhand police arrested Narsinghanand—the head priest of Dasna Devi temple—for his participation in the Haridwar Dharam Sansad where he gave a call for the genocide of Muslims. A month later in February, the local Haridwar court granted bail provided Narsinghanand gave an undertaking that he would not commit a similar offence.
"We accept that the speeches made by Yati Narsinghanand were hate speech for which he was arrested and put in jail," Mehta added. I am not disputing consent (to allow contempt proceedings) given by Attorney General KK Venugopal. He was right in that," Mehta added.
In January 2022, AG Venugopal observed that Narsinghanand's statement against the Supreme Court and the Constitution was certainly contempt when he gave consent for initiation of criminal contempt proceedings.
Also Read: Why Yati Narsinghanand May Get Away With Hate Speech, Again
Zubair outraged religious feelings: Sitapur Police to SC
Additional Solicitor General SV Raju told the Supreme Court that Zubair intentionally hurt religious feelings when he insulted a religious leader with a large following and called him a "hatemonger". Thus, the charges against him were just, Raju added.
Raju said Bajrang Muni was a respected mahant with a large following. When you insult such a leader, you invite violence, Raju added.
Referring to the religious leader ASG Raju was talking about, Gonsalves says the mahant in question said he would kidnap and rape Muslim women in front of the police. "I tweet this... Now see Sitapur police response to the tweet that they are investigating," Gonsalves added.
Even the National Commission for Women took cognizance of the incident where Bajrang Muni allegedly gave rape threats to Muslim women and wrote to the DGP," Gonsalves said concluding his submissions.
Also Read: "Muslims Are Cancer": Witnessing A Hindu Rashtra Convention In Bengaluru