VidhiSangh

Supreme Court of India · 20/07/2022

MOHAMMED ZUBAIR versus STATE OF NCT OF DELHI & ORS

[2022] 18 S.C.R. 494 · 2022 INSC 736

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Summary

A fact-checking journalist faced an FIR with the Delhi Police Special Cell and six more in Uttar Pradesh, all arising from the same tweets. Despite bail in the Delhi case and interim bail from the Supreme Court in one UP case, he remained in custody on the others, where police remand was sought. Under Article 32, the Court granted interim bail in every FIR on a Rs 20,000 bond, transferred the UP investigations to the Delhi Special Cell, disbanded the UP SIT and extended both directions to any future FIR on the same subject. It declined to quash the FIRs, leaving that to the Delhi High Court. Arrest must satisfy Section 41 CrPC and the Arnesh Kumar guidelines; the process must not become the punishment. A bail condition barring him from tweeting would be a disproportionate gag order and was refused.

Issues

  1. Whether the petitioner, facing successive FIRs in two States arising from the same tweets, should be released on interim bail in all of them under Article 32.
  2. Whether the FIRs should be quashed, or alternatively consolidated with the Delhi Special Cell investigation.
  3. Whether a condition restraining the petitioner from tweeting could be imposed on bail.

Provisions considered

Held

Result

Writ petition partly allowed. Interim bail on a Rs 20,000 personal bond in the six listed FIRs; the charge-sheeted Charthawal case transferred to the CJM, Patiala House, with existing bail continuing; investigation of the UP FIRs transferred to the Delhi Special Cell and the UP SIT disbanded; both directions extended to future FIRs on the same subject; liberty to seek quashing before the Delhi High Court; release from Tihar Jail by 6 pm the same day on presentation of bonds.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 494.