The Supreme Court on Friday granted interim bail for five days to Alt News co-founder Mohammed Zubair in a case registered by the Uttar Pradesh Police for a tweet calling Hindu seers hatemongers.
Zubair, however, would not be released immediately as he is in judicial custody in another case investigated by Delhi police.
On Friday, a bench of Justices Indira Banerjee and J K Maheshwari granted relief to the petitioner in an FIR lodged by Sitapur police on June 1. On Thursday, he was sent to police custody by the Sitapur court.
The top court passed its order after hearing senior advocate Colin Gonsalves for Zubair and Solicitor General Tushar Mehta, Additional Solicitor General S V Raju and senior advocate Garima Prashad for the UP government.
In its order, the bench, however, directed that the petitioner will not put out any tweets and would not tamper with electronic evidence.
Gonsalves, for his part, submitted that there was nothing to be investigated in the case as he has admitted his tweet.
"No criminal case is made out even if I accept everything. Judicial and police custody are irrelevant," he said.
He maintained that his client is promoting secularism and not promoting any enmity among religious groups.
“I capture hate speeches... I am defending the Constitution and I'm in jail, while those who indulged in hate speech are out on bail," he said.
"I exposed venomous language against judges, courts and constitutional authorities. I made a complaint against them. Where is the offence against me?" the counsel asked.
Solicitor General Tushar Mehta, representing the UP government, submitted that the petitioner is a habitual offender. "It is not a matter of one tweet or another. The probe is to ascertain whether he is part of a syndicate which puts out tweets to destabilise the society," he said.
Mehta also contended that there was a "deliberate suppression of facts" in the plea filed by Zubair challenging Allahabad High Court's June 10 order rejecting his plea for pre-arrest bail as he had already been sent to police custody on Thursday.
"Two orders of police remand and rejection of bail by different courts have been suppressed. This shows his conduct," Mehta said, adding that the irony is that the petitioner himself claimed to fact-checker.
Raju said Bajrang Muni is a respected religious leader and the tweet hurt the religious sentiments of his followers. He submitted that the petitioner was being taken to Bengaluru for recovery of the laptop and the case was not fit for interference by the top court.
In June, a case was registered against him at the Khairabad police station on a complaint lodged by Hindu Lion Army district president Bhagwan Sharan. It was alleged that Zubair called Hindu seers Yati Narasinghan Saraswati, Bajrang Muni, and Anand Swaroop hatemongers.