SC grants interim bail for five days to Alt News co-founder Zubair in UP Police FIR but he will be in custody in a Delhi case

The Supreme Court on Friday granted five-day interim bail to Alt News co-founder Mohammed Zubair in connection with an FIR lodged against him in Sitapur district of Uttar Pradesh for allegedly outraging religious sentiments but he will remain in custody as per the order of a Delhi court in another case.

The top court also barred Zubair from posting anything on Twitter and said he shall not tamper with any evidence, electronics or otherwise.

The court, however, clarified that its interim bail order is with respect to the First Information Report(FIR) lodged in Sitapur and has nothing to do with a separate case registered against the journalist in Delhi. Zubair is currently in judicial custody in Delhi.

During the hearing of the journalist's bail plea, senior advocate Colin Gonsalves, appearing for Zubair, said it is ironical that the persons who made hate speeches are on bail while the petitioner, who exposed the hate speeches made by them, is now in custody.

"What this country has become?" Gonsalves asked, and pointed out that Zubair's work was to expose such hate speeches and fake news.

A vacation bench of Justices Indira Banerjee and JK Maheshwari issued notice to the Uttar Pradesh government on Zubair's plea and listed it on July 12 for further hearing before a regular bench of the top court.

"In the meanwhile, the petitioner shall be granted interim bail in connection with FIR No. 0226 dated June 1, 2022 lodged at Police Station Khairabad, District Sitapur, Uttar Pradesh for a period of five days from today or until further orders of the Regular Bench on terms and conditions to be imposed by the Judicial Magistrate-I, Sitapur, which shall include the conditions that the petitioner shall not post any tweets and shall not tamper with any evidence, electronic or otherwise in Bengaluru or anywhere else", the bench said in its order.

The bench clarified that it has not stayed the investigation in the case registered against Zubair at Sitapur and that the police can seize the laptop and other electronic gadgets, if required.

Taking note of the submission by Solicitor General Tushar Mehta that the petitioner is in judicial custody in Delhi in connection with a different offence, the top court said it is not concerned at this stage with any FIR other than the case lodged in Uttar Pradesh which is the subject matter of the proceedings before it.

An FIR was lodged against Zubair in Uttar Pradesh under Indian Penal Code section 295A (deliberate and malicious act intended to outrage religious feelings) and section 67 of the IT Act here on a complaint by Hindu Sher Sena Sitapur district president Bhagwan Sharan on June 1.

Zubair was arrested by the Delhi Police on June 27 for allegedly hurting religious sentiments through one of his tweets.