The Supreme Court on Wednesday ordered the release of fact-checker Mohammed Zubair, co-founder of AltNews, on interim bail.
Mohammed Zubair will be released on interim bail in all UP Police FIRs. A bench led by Justice DY Chandrachud observed that the existence of the power of arrest must be pursued sparingly by the Police.
The Court has directed the Tihar jail authorities to ensure that he is released before 6 pm today, subject to furnishing bail bonds. The bench was of the view that there is “no justification” to keep Zubair in continued custody any further and subject him to diverse proceedings when the gravamen of allegations arises from the Tweets which form part of an investigation by Delhi Police, in which case he has already been granted bail.
Supreme Court said, “Essentially, the gravamen of the FIRs pertain to the tweets. Having regard to the fact that the petitioner has been subjected to a comprehensive investigation by the Delhi police, we find no reason for his deprivation of personal liberty to persist.”
The Supreme Court also refused to impose a bail condition that he should not tweet again. “We can’t say that he won’t tweet again. It is like telling a lawyer that you should not argue. How can we tell a journalist that he will not write?…If there are any tweets against law, he will be answerable. How can pass any anticipatory order that someone will not speak…”, Justice Chandrachud told the Additional Advocate General of UP.