Mohammed Zubair's Plea Against UP Police FIR In Hate Speech Case- Supreme Court Hearing- LIVE UPDATES

SG : Two orders of different courts rejecting bail, and granting police custody and judicial custody. These are suppressed. SLP is not a regular appeal. It is a discretionary relief. So conduct of petitioner is relevant.

Justice Banerjee : It is perhaps not rejection of bail but grant of remand.

SG : No there are two orders. One is rejection of bail and one is remand.

SG : After this tweet, there was a law and order situation. Yati Narsinghananda was arrested. I am not here to defend that actions. Nobody is protecting him. I am here on whether his tweet created law and order situation. He has suppressed UP Court has rejected bail.

SG : Delhi High Court has refused interim relief. Delhi Court has granted remand. These are suppressed. My learned friend has not said that Section 67 has been dropped. 

SG : There are many facts suppressed. He says he runs a fact-checking website. The Delhi Court has remanded him. There is a money angle too. Whether donations from countries inimical to India have been received by them is under investigation. 

SG : I am appearing for the State. Mr Raju is appearing for the investigating officer. This is not about one tweet. Whether he is part of a syndicate which is regularly posting such tweets with the intention to destabilize the country.

Justice Banerjee : The screenshots of objectionable tweets are attached to the FIR. Mr.Solicitor General, is there anything further?

SG : Yes, I will point out.

Gonsalves : First you have to see if a criminal offence is made out. That is what Bhajan Lal decision says. Where I have spoken against religion? Where have I said something obscene? And if I am right, I can't be taken in custody.

Gonsalves : I admit your FIR. I admit the speech. Court completely misses the argument. Court says persual of record makes out prima facie offence at this stage. How is this correct? How is that tweet offence under 295A or 67 IT Act. It is neither obscene nor insulting religion.

Judges are having an discussion among themselves.