First Information Report III | The Last Word


It has been submitted, in exercise of jurisdiction under Article 32, Court should quash the FIRs since none of Zubair’s tweets provokes hatred towards any community or is derogatory to any religion or a religious denomination.

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We find no reason or justification for deprivation of Zubair’s liberty to persist any further. Overlap in FIRs, emanating as they do from Zubair’s tweets, only goes to emphasize need for a consolidated investigation. FIRs should be transferred for investigation to Special Cell of Delhi Police. As a consequence, SIT which was constituted by Director General of Police, Uttar Pradesh on 10.07.2022 shall stand disbanded.

Merely because complaints filed arise from posts on a social media platform, preventing tweeting would amount to an unjustified violation of freedom of speech and expression.

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We have not proceeded to quash the FIRs. Nothing contained here shall amount to an expression of opinion on merits of proceedings.

It is appropriate, Zubair pursues his remedies in accordance with provisions of Article 226 and/or Section 482, CrPC.

Hon’ble Justice Dr. D.Y. Chandrachud, Mohammed Zubair v. State of NCT of Delhi, [Writ Petition (Criminal) No 279 of 2022].

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