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2022 Supreme(SC) 668

D. Y. CHANDRACHUD, SURYA KANT, A. S. BOPANNA
Mohammed Zubair – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioner(s): Ms. Vrinda Grover, Adv. Mr. Soutik Banerjee, Adv. Ms. Devika Tulsiani, Adv. Mr. Mannat Tipnis, Adv. Mr. Aakarsh Kamra, AOR
For the Respondent(s): Ms. Garima Prashad, Sr. Adv./AAG UP Mr. Adarsh Upadhyay, AOR Mr. Harsh Mishra, Adv. Mr. Aman Pathak, Adv.

Judgement Key Points

What is the appropriate scope and manner of arrest under CrPC 41(1)(b)(ii) in cases involving repeated FIRs and social media conduct? What are the permissible bail conditions to balance an accused's liberty with the need for a fair investigation and trial, including the issue of gag orders on speech? What is the proper mechanism for consolidating or transferring investigations and ensuring protection of rights when parallel FIRs across jurisdictions arise from the same subject matter?

Key Points: - The judgment distinguishes between existence of power of arrest and its exercise, urging sparing use of arrest. (!) - Emphasizes that arrest must be justified and not used as punitive tool; safeguards under CrPC 41 must guide enforcement. (!) - Holds that blanket gag orders restricting speech on bail are inappropriate; bail conditions must balance liberty and fair trial. (!) - Finds that gag-like restrictions on social media can violate freedom of speech and profession; such conditions require careful, proportional design. (!) - Orders transfer of investigations from Uttar Pradesh SIT to Delhi Police Special Cell for consolidated inquiry; UP SIT disbanded. (!) (!) (!) - Recognizes the need for consolidated investigation due to overlapping FIRs arising from same tweets; directs Article 32 remedy and further High Court avenues. (!) (!) - Grants interim bail and personal bond requirements to the petitioner across identified FIRs; limits on continued custody. (!) (!) (!) - Affirms that continued multi-jurisdictional proceedings without consolidation amount to harassment and fragmentation of liberty. (!) (!) - Encourages safeguarding journalists' rights and preventing weaponization of criminal law against speech. (!)

What is the appropriate scope and manner of arrest under CrPC 41(1)(b)(ii) in cases involving repeated FIRs and social media conduct?

What are the permissible bail conditions to balance an accused's liberty with the need for a fair investigation and trial, including the issue of gag orders on speech?

What is the proper mechanism for consolidating or transferring investigations and ensuring protection of rights when parallel FIRs across jurisdictions arise from the same subject matter?


JUDGMENT :

Dhananjaya Y. Chandrachud, J

1. The petitioner is the co-founder of ALT News, a fact checking portal which conducts its activities under the auspices of Pravda Media Foundation. ALT News was launched in February 2017. Pravda Media Foundation is a company registered under Section 8 of the Companies Act 2013.

2. On 20 June 2022, FIR 172 of 2022 was registered at the Special Cell of the Delhi Police for alleged offences punishable under Sections 153-A, 295-A, 201 and 120-B of the Indian Penal Code 18601[“IPC”]. The offence under Section 35 of the Foreign Contribution (Regulation) Act 20102[“FCRA”] was added during the course of investigation. The petitioner was arrested on 27 June 2022 and was remanded to police custody for a day by the order of the Duty Magistrate. The custodial order was extended for a further period of four days by the Chief Metropolitan Magistrate, Patiala House Courts, Delhi. On 30 June 2022, a search took place at the residential premises of the petitioner in Bangalore. The legality of the order of police remand has been challenged before the High Court of Delhi in which notice has been issued on 1 July 2022. On 2 July 2022, the petitioner was remanded t


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