It is again good to note just like in case of Zee News anchor Rohit Ranjan was granted protection most commendably by a Bench of Apex Court comprising of Justice Indira Banerjee and Justice JK Maheshwari against the multiple FIRs that were lodged against him over an alleged doctored video of Rahul Gandhi’s speech that was telecasted in a DNA show on July 1, 2022 similarly in Mohammed Zubair case also who is an eminent journalist we see that the Supreme Court Bench comprising of Justice Dr DY Chandrachud and Justice AS Bopanna have noticed a “vicious cycle” and has most commendably granted another bit of temporary relief to him until the next hearing. He has already got bail from the top court in a sixth case in UP but is under arrest in a case registered in Hathras. The Apex Court has clearly directed that no action on Zubair till July 20.
It is unquestionable that his lawyer who is none other than the eminent and senior lawyer Vrinda Grover has very rightly maintained that, “This is an abuse of process of law and this kind of targeting must end…there are rewards being offered to get the FIR registered against him. Is this how criminal law machinery will be used against a journalist who may have a different view. This is an abuse of the process of law.” Why can’t Centre promptly amend our penal laws to ensure that this abuse is ended forthwith? Why Centre always forwards hundred reasons for not doing so? Why can’t it act promptly on this also? It is high time and it must act on this now without any more delay as it brooks no more delay any longer!
Needless to say, Zubair has rightly sought bail and cancellation of all six FIRs that were registered in Sitapur, Lakhimpur Kheri, Ghaziabad, Muzaffarnagar and Hathras districts. This alone explains why I openly bat for this same treatment to be accorded in similar all such cases so that no one is harassed, humiliated and harangued endlessly. It is good to learn that Apex Court has restrained the state police from arresting the journalist in any fresh case until the court considers his petition for interim bail in five criminal cases. The Apex Court is also concerned over the “vicious circle of arrests that he faced in multiple FIRs registered in UP over the tweets.
Most commendably, the Bench of Justice Dr DY Chandrachud and Justice AS Bopanna minced just no words to unequivocally state that, “What’s happening is that content of the FIRs seems to be similar. The moment he gets bail in one case, another case is filed or he is remanded to custody in another case. So, the vicious cycle continues. We are hence passing this protective order.” This is when process of law itself becomes punishment which cannot be justified by anyone under any circumstances!
In hindsight, the cycle started from Delhi as mentioned in NDTV website where it is pointed out that, “Mr Zubair, co-founder of fact-checking site Alt News was originally arrested there on June 27 in a case over a four-year-old tweet that had an image from a 1983 movie. Then he was arrested in a case in Sitapur in UP over calling some Hindu right wing leaders “hatemongers”.” He too has faced so much of harassment when couple of cases were lodged against him and this “open abuse of the due process of law” must end forthwith!
It definitely cannot be lightly dismissed by anyone that none other than eminent lawyer Kapil Sibal himself also while expressing his deepest anguish over the pathetic state of affairs and talking about the arrest of Alt News co-founder Mohammed Zubair said for a tweet four years ago without any communal outcome, it is “unthinkable” for that person to have been arrested. Sibal also said that I hang my head in shame to see all this!
All said and done, one can only say that this “open abuse” and “complete mockery and brazen trampling” shamelessly of “the due process of law” by intentionally lodging FIR in different states to harass the person against whom it is lodged needs to be plugged right now so that no litigant has to face endless troubles openly by running from pillar to post in different States most shamelessly, senselessly and stupidly and in Zubair case also we see that he has faced so much of endless hassles before Supreme Court finally stepped in just because Centre turns a Nelson’s eye to it and Supreme Court also finds it best to not ruffle feathers of the Centre. But this must definitely change now especially when eminent lawyers like Kapil Sibal, Vrinda Grover, Aman Lekhi, Gautam Bhatia and many others keep raising their voice on this most strongly for which they definitely deserve to be applauded, admired and adored as they don’t want status quo to continue even after more than 75 years of independence!
It is definitely good to see that justice seems to be done to some extent most fortunately as we see now in case of Mohammad Zubair for which Supreme Court deserves definitely all the kudos even though the case is yet to be concluded! But we also need to acknowledge that in Zubair case also still a lot remains to be done! There can be just no denying it!
It also ought to be remembered that none other than the CJI – NV Ramana himself called for reforms in bail law so that indiscriminate arrest of innocents is checked to a large extent. Just recently, the Apex Court itself in Satender Kumar Antil vs Central Bureau of Investigation case also we saw how most commendably and so very rightly had underscored the importance of “bail over jail”!
We cannot be oblivious of the irrefutable truth that none other than the Apex Court itself has in a learned, laudable, landmark and latest judgment titled Abhishek Singh Chauhan vs Union of India in Writ Petition (Criminal) No. 40/2022 and cited in 2022 LiveLaw (SC) 608 that was finally delivered on July 13, 2022 directed State-wise clubbing of the FIRs that were filed against an accused in different states. The key point of this judgment as stated in the very outset of this learned judgment is that, “FIRs lodged against accused under various provisions of the Indian Penal Code (Section 420 IPC etc) and other State enactments in various states – Directs clubbing of all the FIRs State-wise, which can proceed together for one trial as far as possible – Multiplicity of the proceedings will not be in the larger public interest. Referred to: Amish Devgan vs. Union of India (2021) 1 SCC 1.” It is in this very learned judgment that the Apex Court Bench comprising of Justice AM Khanwilkar and Justice JB Pardiwala then minces no words to hold forthright in this learned judgment for which they really deserve all the profuse praise on earth wherein it is held that, “Following the exposition of this Court in Amish Devgan vs Union of India & Ors. (2021) 1 SCC 1, we deem it appropriate in exercise of power under Article 142 of the Constitution of India, to direct clubbing of all the FIRs State-wise, which can proceed together for one trial as far as possible, as we are of the opinion that multiplicity of the proceedings will not be in the larger public interest. We may hasten to add that the concerned States have no objection for abiding with such dispensation.”
On a final note, at the cost of repetition it must be said unquestionably that the Centre must definitely amend our penal laws by which there should be clubbing of cases where there are multiple cases pertaining to the same subject matter and no individual is required most stupidly, shamelessly and senselessly to keep running from one state to another on the same charge and thus facing endless harassment from police and different courts also which is indubitably the biggest mockery of our legal system as the concerned person is detained in one case and when acquitted then in another case again detained which prolongs the deprivation of liberty and which is the biggest threat to our democratic system also where the legal rights of individual must be always accorded the highest priority and not the lowest priority! There can be definitely just no denying or disputing it! I really fervently hope that Centre led by our Hon’ble PM Narendra Modi will at least now act on this after due debate, discussion and deliberation and act most promptly and most decisively so that no citizen is made to suffer immeasurably for no fault of his/her just because Centre since last 75 years has refused to do just nothing on this! It certainly merits no reiteration that his policy advisers too must guide him properly on this so that a common person is no more made to beg before different Courts like a beggar begs most helplessly!
Sanjeev Sirohi