New Delhi, Sep 7 : In relief to Alt News co-founder Mohammad Zubair Mohammad Zubair, the Supreme Court on Wednesday granted Zubair the right to petition the Delhi High Court for quashing of the FIR filed against him in the Uttar Pradesh’s Sitapur and stated that the court will rule on the merits, without influencing the negative Allahabad High Court order.A bench of Justices D.Y.Chandrachud and Hima Kohli said that all cases registered against Zubair in Uttar Pradesh have been transferred according to the order of on July 20, to the Special Cell of Delhi Police to investigate.
Advocate Vrinda Grover, who represents Zubair, argued that this appeal against the June 10 ruling of the Allahabad High Court rejecting his request to quail the FIR.There no evidence in it currently and the court already ordered the transfer of the case to Delhi Police.But she stated that the Allahabad HC order should not be a hindrance in the way.
Citing the order of July 20 the supreme court said Zubair is able to exercise the rights and remedies under the law before the Delhi High Court.”Petition pursuant to section 482 of CrPC will be evaluated as a whole without the decision of Allahabad High Court coming in the way,” it said.
On the 20th of July, when it granted temporary bail to Zubair the top court had stated: “We don’t find a reason why he should be denied of the right to remain in prison.We have directed Zubair to be granted bail for every of the FIRs in UP.the existence of authorities of arrest is not the same as exercising of the power of arrest.the power of arrest is to be only used in a limited manner.”
The Supreme Court clarified that Zubair will be able to be granted bail in the future FIRs in connection with tweets that are already being investigated.Zubair was also given the liberty to go to the Delhi High Court for seeking the quashing of all FIRs.
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