12:29 pm, 08 Jul 2022
Justice Banerjee: We are restricting jurisdiction to Delhi on your submission.
Solicitor General: Yes, he is in judicial custody in Delhi.
12:27 pm, 08 Jul 2022
Solicitor General: Please say Delhi, otherwise he will get bail in Delhi case
Supreme Court: This order is only on Sitapur FIR and not any other FIR.
12:26 pm, 08 Jul 2022
Supreme Court: Then we will say not leave Delhi.
Ld SG submits that the petitioner is in judicial custody in Delhi. We order that the petitioner shall not leave the jurisdiction of Delhi. We are making it clear this interim bail in relation to the Sitapur FIR.
12:25 pm, 08 Jul 2022
Supreme Court: The conditions of Sitapur court to include condition that petitioner shall not tweet and he will not leave the jurisdiction of court of the first judicial magistrate.
Solicitor General: Then he has to come to Delhi and surrender in Delhi.
Sr Adv Gonsalves: We will right away.
12:24 pm, 08 Jul 2022
Supreme Court: The order of the JMFC July 7, 2022, Sitapur be translated into English and filed in court along with order rejecting the prayer of bail. In the mean petitioner shall be granted interim order of bail for a period of 5 days on conditions to be imposed by JMFC.
12:23 pm, 08 Jul 2022
Supreme Court: We issue notice.
Solicitor General: Let me present facts by Monday and defer interim relief on Monday.
Supreme Court: We are not interfering with any other order except what is before us. Matter be listed before appropriate regular bench.
12:23 pm, 08 Jul 2022
ASG: Let the effect of bail be after remand is over.
Solicitor General: He is also in judicial custody by Delhi police. That order is not under challenge here.
Supreme Court: We are only on this case.
12:22 pm, 08 Jul 2022
Justice Banerjee: Let the matter be posted before a regular bench. We will grant protection for few days on condition that you will not leave jurisdiction of this court and you will not put up more tweets. We will grant you interim bail for few days.
12:22 pm, 08 Jul 2022
Sr Adv Gonsalves: I who ask police to take action is in jail. What shocking state of affairs.
Solicitor General: But you are already arrested .. this is not helping you
Sr Adv Gonsalves: I have called them hate mongers. Whole country and press also calls them hate mongers. What is wrong in this?
12:17 pm, 08 Jul 2022
Sr Adv Gonsalves: Bajrang Munni Das had said that Muslim women should be raped if Hindu women are teased by Muslim men. NCW had taken cognisance as well.
Justice Banerjee: This is Bajrang Munni, what about others?
Solicitor General: Petitioner has deleted many tweets. This is the modus operandi.
12:14 pm, 08 Jul 2022
Sr Adv Gonsalves: Nowadays everything is not about letters. The seers had commented on religious leaders saying Muslim women should be kidnapped and raped. Sitapur police replied even when it was 5 days had passed and said probe was on.
12:11 pm, 08 Jul 2022
Justice Maheshwari to court staff: Speaker bandh kardena (switch off our mic)
Judges discuss.
12:11 pm, 08 Jul 2022
Solicitor General: Any interference by this court will directly interdict orders by two competent courts.
Supreme Court: As Solicitor General, says do you have the order on bail plea?
Sr Adv Gonsalves: We have not received the bail copy.
Solicitor General: Then say that bail rejected and order not received.
12:09 pm, 08 Jul 2022
ASG: There is a prima facie case on Section 295A and 153 of IPC. Police custody is on and bail plea is rejected. High Court has also noted it's a premature stage. Supreme Court must hold that this is not a fit case for interference now.
12:08 pm, 08 Jul 2022
Solicitor General: He has not mentioned any of these facts. These are deliberate and wilful suppression. You cannot play with system like this. It is too early a stage for interference when HC says there is a prima facie case.
12:08 pm, 08 Jul 2022
Solicitor General: Please see the application. Delhi court has given police custody remand, rejected bail, nothing has been mentioned. This affidavit was filed yesterday, and he does not mention that he was taken on transit remand order from Delhi to UP.
12:06 pm, 08 Jul 2022
Solicitor General: His conduct is deplorable. He has suppressed all facts and sudden urgency created by saying death threats etc.
Supreme Court: We have not gone by death threats. We have gone by deprivation of liberty and that has happened.
12:04 pm, 08 Jul 2022
Justice Banerjee: He says there is deprivation of liberty. In such a case you cannot say that there is no urgency.
12:04 pm, 08 Jul 2022
ASG: If he is granted bail and remand rejected then he can destroy evidence in Bangalore. Such quashing petitions are not listed in vacations.
12:04 pm, 08 Jul 2022
ASG: There is an attempt to promote disharmony and ill will among religious groups. If you are such a nice person then you should not have tweeted and sent a letter to UP police. That fact that he has tweeted has created the offence.
12:01 pm, 08 Jul 2022
ASG: Please see Section 295.. yes, outrage of religious feelings was there of this Bajrangi Baba. Whether intention there or not it is a scope of investigation. You call a spiritual leader a hate monger and you outrage religious feelings.
11:59 am, 08 Jul 2022
ASG: Mahant Bajrang is a respected religious leader in Sitapur. Once you call him a hate monger then it invites violence. There is no scope of intention here under Section 482 Petition. We have to look at his devices, and that is why we are going to Bangalore and remand was granted.
11:58 am, 08 Jul 2022
ASG Raju: I am for the investigating officer.
1. Please see Section 67 has been dropped. I will show how 295A has been made out. He has not written to police, he is tweeting it so that everyone sees it and then violence is incited.
11:58 am, 08 Jul 2022
Justice Maheshwari: The Allahabad High Court order is on which FIR? Which police registered it?
ASG Raju: It was registered by the UP police. Local police station.
Supreme Court: Solicitor General, please show us whether offence on 295A was made out or not?
11:56 am, 08 Jul 2022
Solicitor General: His overall conduct is being criminally investigated. It is not just this one tweet. He is a habitual offender.
Sr Adv Gonsalves interrupts.
Solicitor General: We are not in a TV debate. I don't go there.
11:55 am, 08 Jul 2022
Sr Adv Gonsalves: For 153A, I have to promote the enmity between religions. If I tell the police about such speeches then it is not promoting enmity, but promoting secularism. Sorry Solicitor, this section does not apply to me.
11:53 am, 08 Jul 2022
Solicitor General: Speeches by Yati Narsinghnanad etc. were hate speeches, and they were arrested and they were in jail. I am not disputing consent by AG Venugopal. He was right in that.
11:53 am, 08 Jul 2022
Solicitor General: All these suppressions and saying Section 67 is not made out. We have only charged Section 153A. Now he suppresses all of this and claims to be fact checker! There is something more than what meets the eye.
11:51 am, 08 Jul 2022
Solicitor General: SLP is not a regular appeal, it is a discretion we invoke of this court. Thus such suppression is important. He is in police custody by an elaborate reasoned order.
11:51 am, 08 Jul 2022
Solicitor General: UP court remanding him to custody has been suppressed.
Justice Banerjee: Perhaps it is not bail rejection, but only remand.
Solicitor General: There are two orders. Delhi court refused bail and here in UP too bail was rejected and remand was granted.
11:49 am, 08 Jul 2022
Solicitor General: Section 67 of the IT Act has been dropped by the police officers in the Sitapur FIR. We argued before the UP Court and after this tweet there was a law and order situation. The person Yati Narsinghnanad was arrested and released. I am not defending him.
11:48 am, 08 Jul 2022
Solicitor General: He has been arrested by Delhi police and Delhi court refused bail as there is some money angle since money has been received from some foreign countries. This information was suppressed. High Court did not grant any interim relief. He is in jail thus.
11:48 am, 08 Jul 2022
Solicitor General: I appear for state of UP and ASG SV Raju for the IO. This is not a question of one tweet or other. It is to see whether he is part of syndicate to put out such tweets to destabilize the society. Let me point out facts which are suppressed by fact checker.
11:48 am, 08 Jul 2022
Justice Banerjee: The screenshots you showed us. Is there anything other than these tweets?
Solicitor General: Yes, I will show you Milords.
11:47 am, 08 Jul 2022
Sr Adv Gonsalves: Court says there is prima facie case for offences. How is this an offence under Section 67 of IT Act or 295A of IPC. Where is the offence? If there is no offence then why he is in custody. That's what Bhajan Lal judgment is all about. Where is obscenity or religion?
11:44 am, 08 Jul 2022
Sr Adv Gonsalves: High Court order finding says that the matter was at premature stage and evidence had to be gathered and then court on basis of this can decide one way or other, but here I had admitted to the FIR This is a point missed by High Court.
11:42 am, 08 Jul 2022
Sr Adv Gonsalves: Please see the Allahabad High Court order. This is the last thing we will refer to.
11:42 am, 08 Jul 2022
Judges are discussing
11:42 am, 08 Jul 2022
Sr Adv Gonsalves: This man is in jail and he should be released immediately and should be sent home. Please see the parts where they have put a picture of him and say "Goli Maarne Wale ko Ek Laakh ka Inaam"!
11:41 am, 08 Jul 2022
Sr Adv Gonsalves: My life is in danger. That is why I moved to court. There are many who are advising police to torture me or have me killed!
11:36 am, 08 Jul 2022
Sr Adv Gonsalves: Please see the clamour in country. Take this phone, that phone. This is the co-director of Alt News, one of the prestigious agency tracking hate speech and sending people to jail.
11:35 am, 08 Jul 2022
Sr Adv Gonsalves: Please see Section 295A IPC. How is it applicable to me? I was in fact defending this. Now please see Section 67 of IT Act. Even that is not applicable.. it's against obscene material.
11:34 am, 08 Jul 2022
Sr Adv Gonsalves: Please see what Attorney General for India KK Venugopal said on this video on a request to initiate contempt plea. He said that those who believe in the institution will die a death by seeing all this. Zubair exposed it and he is now in jail. I admit to what I said.
11:34 am, 08 Jul 2022
Sr Adv Gonsalves: These hate mongers made remarks on the Constitution, judges and what not. This is what I did. I exposed this kind of venomous language against judges, the Constitution etc. I am in jail for this!
11:32 am, 08 Jul 2022
Sr Adv Gonsalves: Please see the part on the hate mongers. People have been released on bail. Just see Milord what this country has come to. The person who exposes it is in jail and the person doing it is continuing on bail.
11:32 am, 08 Jul 2022
Supreme Court: You have to make an appropriate plea.
Solicitor General: There was rejection of bail..
Sr Adv Gonsalves: What investigation are you doing to move me around, custody, seize my phone. I have admitted to my tweet already.
11:31 am, 08 Jul 2022
Sr Adv Gonsalves: We only say till hate mongers like this are there now then who else do we need. All the others released on bail but I, a secular tweeter, was arrested. When I say hate monger I am not wrong, police has prosecuted them under 295A IPC.
11:29 am, 08 Jul 2022
Sr Adv Gonsalves: I was only speaking of hate speech in respect of which the persons had been arrested for the most horrific hate speech and released again. I am not against release again.
11:29 am, 08 Jul 2022
Sr Adv Gonsalves: They say it was about insulting religion. Order says there is a prima facie case. I have admitted to this tweet. There is no investigation needed in this. Please see page 28 of our petition.
11:28 am, 08 Jul 2022
Sr Adv Gonsalves: There is no case made out and the proceedings need to be quashed. I had admitted this is my tweet. Is this a criminal offence? Please see the tweet.
11:27 am, 08 Jul 2022
Sr Adv Gonsalves: No criminal case can be made out against him. The fountain of this case is a tweet. I seek a quashing of proceedings. Questions of police or judicial custody are irrelevant now.
Justice Banerjee: Against rejection of bail there is a different remedy.
11:26 am, 08 Jul 2022
Senior Advocate Colin Gonsalves: This is there in our application. Please see paragraph 4. Paragraph 3 speaks of judicial custody.
Solicitor General: Mr Gonsalves.. this is..
Sr Adv Gonsalves: There is a limit to this please wait... We had written that Sitapur police seeks police custody.
Solicitor General: Please show where you have mentioned bail was rejected? He is seeking bail here without telling bail was rejected by a speaking order.
Sr Adv Gonsalves: I have challenged the Allahabad High Court order.
11:25 am, 08 Jul 2022
Solicitor General: Such a conduct should not be encouraged.
Justice Banerjee: Oh, he is already arrested. You have to file an affidavit.
Solicitor General: Nothing was mentioned yesterday and it would be like setting aside a speaking order.
11:24 am, 08 Jul 2022
Solicitor General: FIR was on June 1, quashing plea was rejected on June 10 and yesterday Sitapur court granted 14 days custody. This was not revealed yesterday and affidavit was filed yesterday. This is clear purposeful suppression.
11:23 am, 08 Jul 2022
solicitor General Tushar Mehta appearing virtually: Before the other party begins, I have a preliminary things to say. Yesterday, this case was mentioned saying there was threat to life.
11:23 am, 08 Jul 2022
Hearing begins
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments