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The Hindu
The Hindu
Comment
Kaleeswaram Raj

A new judicial device for ‘complete justice’

Mohammed Zubair, the co-founder of Alt News, continues to be in prison despite the Supreme Court of India, last Friday, granting him interim bail, because of remand in another case by the Delhi police. The Court was aware of the futility of the bail order. Yet, the Court did not direct his release by granting him bail in the other case too.

The order relates to a case challenging the Allahabad High Court’s judgment refusing to quash the First Information Report (FIR) against Mr. Zubair. The charge was under Section 295A of the Indian Penal Code (IPC) — outraging religious feelings ... by insulting religion or religious beliefs. Later, a charge under Section 153-A IPC, of promoting religious enmity, was added.

It was explained to the Court that there was not even a prima facie case against Mr. Zubair. Also, it was shown that the case itself was a device to crush dissent. The political malice behind the charge was very obvious. The Court also seemingly accepted the contentions, as evident from the grant of bail. Yet, the Court said the order was with respect to only the case registered in Uttar Pradesh. This has meant the continued detention of Mr. Zubair.

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