Mohammed Zubair's Plea Against UP Police FIR In Hate Speech Case- Supreme Court Hearing- LIVE UPDATES
Gonsalves : See page 22. A mahant in front of police says he will kidnap Muslim women and rape. I tweet this. Here is the full video. Now see Sitapur police response to the tweet that they are investigating.
SG : You make this video public first, what are you saying?
SG : The bail order was passed July 7 morning. And the application was filed yesterday evening.
Garima Prashad UP AAG submits bail was rejected by a separate order.
SG : Any order passed by this court will interdict 4 judicial orders passed by two courts which have not been challenged.
Justice Maheshhawri asks Gonsalves : SG is saying thata your bail has also been rejected on the same day. Is there a separate order?
Gonsalves : Bail order we have not received till now.
SG : You could make a statement that bail was rejected and order is awaited.
ASG : Prima facie case is made out under 295A and 153A. Bail has been rejected which has not been challenged. Police custody order is live. He has been taken to Bangalore in the midst of investigation. Not a fit case for entertaining this application at the midst.
SG : Now see further. It is said Sitapur police is seeking remand. This affidavit was filed yesterday. He has not mentioned that he was taken on a transit remand order passed by Delhi court. He does not pointed out bail was rejected by a detailed speaking order.
SG : These are deliberate and wilful suppressions. You can't play with the system like this. When the High Court says prima facie case is out made out, there is no scope for interference at this stage.
SG : He has not pointed out the judicial orders.
J Banerjee : He has said in the application.
SG. : No, let me clarify. See para 4. "That on 4 July petitioner was taken to Sitapur jail...". Now Delhi Court has rejected bail granted remand. Not mentioned.
Justice Banerjee : There was a question of personal liberty. So urgent listing was granted.
SG : There is n quarrel with that. But suddenly an artificial urgency is created to defeat the orders passed by courts. I have pointed out which are suppressions
SG : It is a June 10 order. Petition is filed on June 15. Suddenly he mentions to sensationalize. He says his life is in danger or be killed. You are under police protection. Where is the question of somebody killing him?
ASG : Normally in vacation quashing petitons are not filed.
Justice Banerjee : In a matter of deprivation of personal liberty, you can't say there is no urgency.
ASG : Valuable evidence is lying in Bangalore. If proceedings are stayed, that evidence can be destroyed. It is with that ulterior motive that this application has been moved.