SC directs UP police not to take precipitative action against Md Zubair in FIRs till July 20

NEW DELHI: The Supreme Court on Monday directed the Uttar Pradesh police not to take any precipitative action against fact-checking website Alt News co-founder Mohammad Zubair in any of the FIRs filed in the state till July 20.

A bench of Justices D Y Chandrachud and A S Bopanna issued notice to the Uttar Pradesh government on the plea of Zubair seeking interim bail, quashing of all FIRs registered against him in Uttar Pradesh and also challenging the constitution of SIT. The apex court posted the matter for hearing next on July 20.

The top court stayed precipitative action against Zubair in connection with five FIRs, saying it appears that he is being taken into custody in other FIRs if he gets bail in one and that the content of the FIRs appeared similar. “Contents of all 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,” said Justice Chandrachud.

The apex court said since the petition is not on board today, “we direct the Registry to list the matter on July 20”.
“In the meantime, we direct that no precipitative action whatsoever be taken against the petitioner in five FIRs without the leave of the court.”

During the hearing, advocate Vrinda Grover, appearing for Zubair, told the apex court that he has been taken to Hathras and sought to stay the proceedings before the Hatras court. She said there is a threat to Zubair’s life.
There are six FIRs against Zubair in Uttar Pradesh and as soon as a Sitapur court granted protection, the Lakhimpur Kheri court production warrant was issued, she said.

Grover contended that there is a misuse of the process of law. “There have been cash rewards announced for registering FIRs against Zubair or to get him arrested. All these are on social media and Uttar Pradesh police have not taken any action in this,” she added.

In the morning, Grover mentioned the matter before a bench headed by Chief Justice of India N V Ramana and sought an urgent hearing of Zubair’s plea seeking to quash all six FIRs registered against him in Uttar Pradesh and also challenging the constitution of SIT.

The CJI then asked Grover to mention the matter before a bench of Justice D Y Chandrachud bench, which had passed the order earlier in Zubair case. Zubair has approached the apex court challenging the FIRs registered at six places in Uttar Pradesh — Sitapur, Lakhimpur Kheri, Muzaffarnagar, Ghaziabad and Hathras (two FIRs).

In the plea, Zubair said his personal liberty has been completely jeopardized without following due procedure established by law, and requested the court either to quash the six FIRs in UP or club all of them with the FIR at Delhi, where he was first arrested, to avoid multiplicity of proceedings and prolonged detention. The plea also challenged the constitution of the two-member Special Investigation Team (SIT) by the Uttar Pradesh government.

The Uttar Pradesh government had last week formed the SIT to investigate the six cases registered against Zubair in various districts of the state. The SIT comprises Inspector General Preetinder Singh, currently posted at the Department of Prisons Administration and Reform, and Deputy Inspector General of police Amit Verma.
Zubair has also sought interim bail in all FIRs.

On July 12, the Supreme Court had extended till September 7 the five days interim bail granted to Zubair in the case registered against him by Uttar Pradesh Police in Sitapur. The apex court had clarified that its interim bail order is with respect to the FIR lodged in Sitapur only and has nothing to do with a separate case registered against him in Delhi.

Zubair had challenged the Allahabad High Court order refusing to quash an FIR registered against him by Uttar Pradesh police in Sitapur for a tweet in which he allegedly called three Hindu seers ‘hate mongers’. A Sitapur court had sent him to judicial custody and declined his bail plea.

A Hathras court on Saturday sent Zubair to 14-day judicial custody after two cases were registered against him in the district on July 4. The case was registered by Deepak Sharma for Zubair’s remarks on Hindu Gods and Goddesses in a tweet in 2018. Last week, a Lakhimpur court had sent Zubair to 14-day judicial custody.

A Delhi court had also sent him to judicial custody in the case registered against him. The Delhi police had arrested him on June 27 for allegedly hurting religious sentiments through one of his tweets. (ANI)