What did the Supreme Court comment on Nupur Sharma and Mohammad Zubair?

The Supreme Court on Wednesday granted bail to Alt News co-founder and fact-checker Mohammed Zubair in all FIRs lodged against him in Uttar Pradesh. "No justification to keep him in continued custody and subject him to endless rounds of custody," the top court said. The journalist must be released by 6 pm today, ordered SC.

 

 

Prior to this, the apex court, in an ironic move, granted protection to Nupur Sharma from arrest in multiple FIRs over Prophet Mohammad's remarks. After July 1 order where it held the former BJP spokesperson responsible for the Udaipur killing and the situation taking place in India and called her arrogant.

 

 

On Nupur Sharma, the SC judges asked her to apologise on national TV over remarks on Mohammad Prophet while in the case of Mohammed Zubair, no statement was made even after he had hurt religious sentiments through hate speech, Hinduphobic tweets and trying to divide the country.

 

 

The Supreme Court, in its July 1, order slammed Nupur Sharma over her remarks on Prophet Mohammad. It said, "What is her business to make these remarks?... The way she has ignited emotions across the country... This lady is single-handedly responsible for what is happening in the country." On other hand, in the case of the Alt News co-founder said it cannot stop Mohammed Zubair from tweeting. "It is like telling a lawyer that you should not argue. How can we tell a journalist that he will not write or utter a word?", it said.

 

Against Nupur Sharma, the Supreme Court judges said, "Merely being the spokesperson of a national political party does not give any person a license to say such disturbing things. These are not religious people at all, they make statements to provoke." On Zubair, it said, "if Zubair posts any objectionable tweet, he will be answerable to law, but added that there cannot be an "anticipatory order interdicting someone from speaking".

 

 

One should remember that SC had rejected Nupur Sharma’s petition to club multiple FIRs against her, which were similar however, the Supreme Court said, "The petition smacks of her arrogance, that the Magistrates of the country are too small for her. When an FIR is registered and you are not arrested, this shows your clout. She thinks she has backup power and makes irresponsible statements", the Court said during the hearing.

 

But, in Zubair’s case, the Supreme Court said it is clubbing all the FIRs and transferring them to Delhi because they were "similar". "Contents of all FIRs seem to be similar. What seems to be happening is, as he gets bail in one case, he is remanded in another. This vicious cycle is continuing," the SC said. It is pertinent to mention that there are different FIRs registered against Mohammed Zubair. And these FIRs against Mohammed Zubair are for hate speech against saints, instigating riots, Hinduphobic tweets, and defaming a news channel among other things. This itself that all the FIRs are not at least similar.

 

 

The Supreme Court judges said that Nupur Sharma provoked whereas, for Zubair, it said, "We find no reason for his deprivation of personal liberty to persist."

 

We are not questioning the orders/verdicts of the Supreme Court, but layin down the statements made by the top court on both the cases which are quite similar in nature.  

 

 

 

 

Nupur Sharma court July 1 order by anjali ankad on Scribd