The petitioner is the co-founder of ALT News, a facts checking portal. The petitioner was arrested and remanded to police custody in the offence punishable u/s. 153-A, 295-A, 202 and 120-B of IPC and u/s. 35 of FCRA in the diverse police station. Offences registered pertain to the various Tweets put out by him.
Above proceedings invoked jurisdiction under Article 32 of Constitution of India. The relief sought is for quashing of FIRs and alternative relief seeking the direction clubbing various FIRs with FIR in which Special Cell of Delhi Police is investigating.
Records shows investigation conducted by Special Cell Delhi Police is comprehensive in nature. As all the FIRs forms same subject matter, the investigation in all the FIRs should be consolidated and entrusted to one investigating agency. Therefore FIRs against petitioner transferred for investigation to Delhi Police. Court held that, blanket order preventing petitioner tweeting would amounts to unjustified violation of freedom of speech and expression and freedom to practice profession. The allegation in FIRs arises out of tweets which are already subject matter of investigation of Delhi Police. In the present case, absolutely no justification offered to keep the petitioner in continued custody and endless round of proceedings before diverse courts. Hence court grants interim bail relating to FIRs registered.
Mohammed Zubair vs. Delhi, W.P.Cr.no. 279/2022