Granting interim bail to Alt News co-founder Mohammed Zubair in six cases filed against him for alleged hate speech across Uttar Pradesh, the Supreme Court Wednesday observed that the “petitioner has been subjected to comprehensive investigation by the Delhi Police” and there is “no reason for his deprivation of personal liberty to sustain”.
“Having regard to the fact that the petitioner has been subjected to comprehensive investigation by the Delhi Police, we find no reason for his deprivation of personal liberty to sustain,” said an apex bench comprising Justices DY Chandrachud, Surya Kant and AS Bopanna.
“We direct Zubair be released on bail on each of the FIRs in UP. Existence of powers of arrest must be distinguished from the exercise of powers of arrest, which must be used sparingly,” the apex court was quoted as saying by Bar and Bench.
The apex court passed the order after noting that Zubair had already been granted bail by the Patiala House Court in a similar case registered by the Delhi Police.
The apex court noted that the case registered by the Delhi Police includes within its ambit a probe into Zubair’s tweets as well as aspects relating to funding and alleged violations of the Foreign Contribution Regulation Act (FCRA).
“Delhi Police has submitted a comprehensive status report showing the course of investigation, tweets which form part of the probe and search and seizure which was carried out on premises of petitioner,” the court said.
The Supreme Court also transferred investigation in the six FIRs in Uttar Pradesh to the Delhi Police Special Cell.
“Consequently, the Special Investigation Team constituted by the Director General of Police, Uttar Pradesh shall be rendered redundant and shall be disbanded,” the apex court said.
Of the six cases in UP, two have been registered in Hathras, while one each is in Muzaffarnagar, Ghaziabad, Lakhimpur Kheri and Sitapur districts.