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TMI Blog2022 (7) TMI 1464X X X X Extracts X X X X X X X X Extracts X X X X ..... tion (Regulation) Act 2010 "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 to fourteen days of judicial custody and his application for bail was rejected by the Chief Metropolitan Magistrate at Patiala House Courts, Delhi. On 15 July 2022, he was granted regular bail by the Additional Sessions Judge. 3. The Delhi Police have submitted a status report on the course of the investigation, which has been carried out in pursuance of FIR No. 172 of 2022, before the Additional Sessions Judge. The status report notes the course of the investigation which spans into tweets alleged to have been put out by the Petitioner. According to the status report, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istered at PS Loni Border, District Ghaziabad for offences punishable Under Sections 153, 153-A, 295-A, 505, 120-B and 34 of Indian Penal Code; (ii) FIR No. 199/2021 dated 24 July 2021 registered at PS Charthawal, Muzaffarnagar for offences punishable Under Sections 192, 504 and 506 of Indian Penal Code; (iii) FIR No. 193/2021 dated 27 August 2021 registered at PS Chandauli for offences punishable Under Section 67 of the Information Technology Act 2000 "IT Act"; (iv) FIR No. 511/2021, dated 18 September 2021 registered at PS Mohamadi District Lakhimpur for offences punishable Under Sections 153-A, 153B/505(1)B(sic (b)) and 505(2) of Indian Penal Code; (v) FIR No. 226/2022 dated 1 June 2022 registered at PS Khairabad, District Sitapur for offences punishable Under Section 295-A of Indian Penal Code and Section 67 of the IT Act; (vi) FIR No. 286/2022 dated 10 June 2022 registered at PS Sikandrarao, Hathras for offences punishable Under Sections 147, 149, 153A, 353, 188, 120-B of Indian Penal Code and Under Section 7 of the Criminal Law Amendment Act 1932 "CLA"; and (vii) FIR No. 237/2022 dated 4 July 2022 registered at PS Hathras Kotwali for offences punishable Under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 34 of the Indian Penal Code, 1860. b) Case Crime No. 199/2021, dt. 24.07.2021, PS Charthawal, Muzaffarnagar Under Section 192, 504, 506 of Indian Penal Code. c) FIR No. 511/2021, dt. 18.09.2021, PS Mohamadi district Lakhimpur, Under Section 153-A, 153B/505(1)8 (sic (b)) and 505(2) Indian Penal Code. d) FIR No. 237/2022, dt. 04.07.2022, PS Hathras Kotwali on a complaint dt. 14.06.2022 Under Section 153-A, 295-A, 298 Indian Penal Code and Section 67 of the IT Act. e) Case Crime No. 286/2022 dt. 10.06.2022, Hathras, PS Sikandrarao, Under Section 147, 149, 153A, 353, 188, 120-B of the Indian Penal Code, 1860 and Under Section 7 of the CLA Act; In the alternative, the Petitioner seeks a direction that the above FIRs along with FIR No. 226/2022, PS Khairabad, Sitapur should be clubbed with FIR No. 172/2022 which is under investigation by the Special Cell of Delhi Police. 9. Office Memorandum No. DG-8-94-(30) of 2022 "OM"has been issued on 10 July 2022, in terms of which a Special Investigation Team "SIT" has been constituted by the Director General of Police, Uttar Pradesh for investigating the six FIRs which have been registered against the Petitioner in Uttar Pradesh. 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly used any language which is improper or which would amount to an offence with reference to which the provisions of the criminal law could be invoked; (ii) On the contrary, in several of the tweets, the Petitioner had tagged the Uttar Pradesh Police and had invited action by the law enforcement machinery consequent on speeches made by other persons which were found to be objectionable; (iii) The gravamen of all the FIRs which have been registered against the Petitioner essentially remains the same, arising out of the tweets by the Petitioner; (iv) The instrument of criminal law has been used to harass and silence the voice of the Petitioner which would be apparent from the manner in which the Petitioner has been made to face successive proceedings arising out of the FIRs which have been lodged in the State of Uttar Pradesh; and (v) The Petitioner has a real and genuine apprehension in regard to the safety and security of his life following the publication of several tweets which have administered threats and placed a bounty on his safety. 15. Hence, it has been submitted that in the exercise of its jurisdiction Under Article 32 of the Constitution, the Court should quash ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erse Police Stations in the State of Uttar Pradesh where he is in judicial custody and applications for the grant of bail are pending. The prosecution seeks orders for police remand. 20. Essentially, the allegations against the Petitioner pertain to the tweets which have been put out by him. The three notices issued by Police Stations at Hathras Kotwali, Sikandra Rao, and Khairabad Under Section 91 Code of Criminal Procedure are verbatim the same. Having found from the record that the Petitioner has been subjected to a sustained investigation by the Delhi Police, we find no reason or justification for the deprivation of the liberty of the Petitioner to persist any further. Consequently, we are of the view that the Petitioner must be released on interim bail in each of the FIRs which forms the subject matter of these proceedings, Under Article 32 of the Constitution. The existence of the power of arrest must be distinguished from the exercise of the power of arrest. The exercise of the power of arrest must be pursued sparingly. In the present case, there is absolutely no justification to keep the Petitioner in continued custody any further and to subject him to an endless round of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts across the spectrum - the district judiciary, the High Courts and the Supreme Court - to ensure that the criminal law does not become a weapon for the selective harassment of citizens. Courts should be alive to both ends of the spectrum - the need to ensure the proper enforcement of criminal law on the one hand and the need, on the other, of ensuring that the law does not become a ruse for targeted harassment. Liberty across human eras is as tenuous as tenuous can be. Liberty survives by the vigilance of her citizens, on the cacophony of the media and in the dusty corridors of courts alive to the Rule of (and not by) law. Yet, much too often, liberty is a casualty when one of these components is found wanting. 61. [...] The doors of this Court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law. Our courts must ensure that they continue to remain the first line of defense against the deprivation of the liberty of citizens. Deprivation of liberty even for a single day is one day too many. We must always be mindful of the deeper systemic implications of our decisions. (e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. 24. We also order and direct that the Petitioner shall be entitled to the protective order of interim bail which has been granted by this Court not only in respect of the FIRs which have already been registered, but also in respect of the FIRs which will hereafter be registered on the same subject matter in regard to the tweets which have been put out by him. 25. As evident from the facts narrated above, the machinery of criminal justice has been relentlessly employed against the Petitioner. Despite the fact that the same tweets allegedly gave rise to similar offences in the diverse FIRs mentioned above, the Petitioner was subjected to multiple investigations across the country. Consequently, he would be required to hire multiple advocates across districts, file multiple applications for bail, travel to multiple districts spanning two states for the purposes of investigation, and defend himself before multiple courts, all with respect to substantially the same alleged cause of action. Resultantly, he is trapped in a vicious cycle of the criminal process where the process has itself become the punishment. It also appears that certain dormant FIRs from 2021 were activated as cer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith unlimited resources at its disposal, against a lone individual. 29. The counsel for the State of Uttar Pradesh attempted to persuade this Court that the Petitioner must be barred from tweeting when he is on bail. Section 438(2) stipulates that the High Court or the Court of Sessions can direct a person to be released on conditional bail. The provision provides that the Court shall impose conditions in the context of the facts of a particular case. The list of illustrative bail conditions stipulated in Sections 437 and 438 relate to the need to ensure a proper investigation and fair trial Sections 438(2) and 437(3)(c) of Code of Criminal Procedure or to prevent the Accused from committing an offence similar to the one he is suspected of Section 437(3)(b) of Code of Criminal Procedure, or in the interest of justice Section 437 of Code of Criminal Procedure. The phrase 'interest of justice' has been interpreted in prior judgments of this Court where it has been held that the discretion of the Court in imposing conditions on bail must be exercised judiciously and to advance a fair trial. Kunal Kumar Tiwari v. The State of Bihar, (2018) 16 SCC 74; Dataram Singh v. State of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an unjustified violation of the freedom of speech and expression, and the freedom to practice his profession. 31. For the above reasons, we allow the petition in part in terms of the following directions: (i) The Petitioner shall stand enlarged on interim bail, subject to his filing a personal release bond in the amount of Rs. 20,000 in connection with the following FIRs: a) FIR No. 502/2021, dated 15.06.2021, PS Loni Border, district Ghaziabad Under Section 153, 153-A, 295-A, 505, 120-B and 34 Indian Penal Code. b) FIR No. 193/2021 dated 27.08.2021 registered at PS Chandauli for offences punishable Under Section 67 of IT Act. c) FIR No. 511/2021, dated 18.09.2021, PS Mohamadi district Lakhimpur, Under Section 153-A, 153B/505(1)8 (sic (b)) and 505 Indian Penal Code. d) FIR No. 226/2022 dated 01.06.2022, PS Khairabad, district Sitapur, Under Section 295-A(2) Indian Penal Code and Section 67 of IT Act. e) FIR No. 286/2022 dated 10.06.2022, PS Sikandrarao, Hathras, Under Section 147, 149, 153A, 353, 188, 120-B of Indian Penal Code and Under Section 7 of the CLA Act; and f) FIR No. 237/2022, dated 04.07.2022, PS Hathras Kotwali on a complaint dated 14.06.2022 Under Sect ..... 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