Mohammed Zubair's Plea Against UP Police FIR In Hate Speech Case- Supreme Court Hearing- LIVE UPDATES
Gonsalves : This is my tweet - "Well done Vineet Jain, why do you need hatemongers like...when you have anchors like...."
They have arrested people for hate speech. They have been released on bail. And hate speech started again. I have not spoken against any religion.
Gonsalves : The offence is under 295A, for insulting religion. The order says it is a prima facie case. I admit this tweet. Police need not take me into custody.
Justice Banerjee : Against the rejection of bail, you have a different remedy. That remedy has to be availed.
Gonsalves : That I will do. Here I am against refusal to quash the FIR. Kindly see the tweet, the founatain of the allegation. Is it a criminal offence at all?
Gonsalves : My case is, even if I accept all allegations, no criminal offence is made out against me. So I seek quashing of the proceeding. Whether police custody or judicial custody, it is irrelevant now. Whether there is any case, even if I accept all the allegations.
Gonsalves : Sitapur court granted custody yesterday, the order was uplaoded late at night.
SG : He is seeking relief without telling your lordships that bail was rejected by a speaking order.
Gonsalves : I can't argue like this. I am challenging the order of Allahabad HC
Gonsalve : In the application we have filed, we have disclosed...para 4.if my learned friend had waited for few minutes, I would have told this. Para 3 speaks of judicial custody
SG interjects
Gonsalve : There is a limit to this.
SG : I am talking about yesterday's development
Justice Banerjee to Gonsalves : You should have explained.
Gonsalves : May I explain. The order was uploaded late..
SG : Nothing is mentioned that the order is awaited.
J Banerjee to Gonsalves : You file an affidavit.
SG : But he files an affidavit yesterday suppressing this. This is a conduct which cannot be condoned. He is in police custody remand by a judicial order which is not pointed out to this Court. Affidavit was filed yesterday. This is clear suppression. Such a conduct unacceptable
Solicitor General Tushar Mehta : Before my learned friend begins, I have something preliminary to say. Something serious. Yesterday my learned friend mentioned that there is a threat to life. FIR is of 1st June, quashing petition rejected on June 10, bail was rejected yesterday.
Bench takes Zubair's petition.
Senior Adv Colin Gonsalves appearing for Md.Zubair.