In the matter of Mohammed Zubair, co-founder of fact checking website AltNews, the Advocate representing him during the hearing made a striking remark in the Supreme Court showing concern on the trend of hate speech and lack of action.
"The persons who made hate speech, they have been released on bail. And the person who exposed them, he is in jail. What this country has become?", said Senior Advocate Colin Gonsalves.
He was pleading for quashing of the FIR lodged against his client over a tweet made by him in which he described some of the alleged Hindu Leaders as 'Hate Mongers'.
Gonsalves submitted that Zubair was merely reporting the hate-speeches made by these persons and inviting the attention of the police authorities to their supposed hate crime. The tweet was not insulting to any religion and there was nothing obscene about it, he added.
ASG, SV Raju, on the other hand argued that tweeting knowing about the impact of the inflammatory speeches indicte the petitioner. He also defended one of the religious leader.
"Bajrang Muni is a respected mahant...a religious leader in Sitapur with large following. When you call a religious leader hate-monger, it raises problems.My learned friend says he has written to the police. That is wrong. He is tweeting it to the larger world.You have outraged the religious feelings of large number of followers of Bajrangi Baba. Whether it is deliberate or not, is a matter for trial. Prima facie offence is made out", the ASG submitted.
He alleged that the petitioner was attempting to promote on grounds of religion disharmony.
In response to this, Sr. Advocate Gonsalves submitted that he was merely reporting the speech made by Bajrang Muni. Citing a report of the Hindustan Times about the National Commission for Women taking suo motu cognizance of the speech and writing to the UP DGP seeking action, he said:
"NCW has also written seeking appropriate measures from police to curb people from using such outrageous language for women and not be a mute spectator in such incidents,"
He further submitted that he was arrested in hate speech cases and that the Attorney General for India has granted sanction for initiating contempt of court proceedings against him for his remarks about the Supreme Court.
"Am I slandering them? Are they not hatemongers? Am I wrong in calling them hatemongers?", he said.
SG Tushar Mehta, appearing for the State of UP submitted that it needs to be investigated "whether he is part of a syndicate which is regularly posting such tweets with the intention to destabilize the country".
Alleging that petitioner is 'habitual offender' with six other cases pending against him for creating 'law and order' problems with his 'objectionable tweets'
A vacation bench comprising of Justice Indira Banerjee and Justice JK Maheshwari had granted Zubair interim bail for 5 days on the condition that that he will not post any further tweets during the time.
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)
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