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OP-ED JULY 29, 2022 | The Indian Eye 14

Cops, courts and bail in

the Zubair case

Views and opinions from the top commentators in Indian media

hile freeing Mohammed
Zubair, the Supreme Court
Wsaid the power to arrest
must be used sparingly. This has been
repeated umpteen times by SC, but to
little effect. Therefore, all courts must
grant immediate bail in most minor
offences and especially those related
to free speech, unless there’s clear in-
dication that speech was intended to
lead to violence. Note that most free
speech cases lose substance the mo-
ment the accused is granted bail: the
police lose interest in probing flimsy
cases. The pre-trial arrest and long
jail times are in effect the punishment.
Only courts can put a stop to this by
making the police realize that bail will
be automatic. Granting of 7-day, 14-
day custodies, as in Zubair’s and many
similar cases, must stop. Ideally, SC’s
position on this issue should be the de-
fault position of all courts. But magis-
trate courts don’t seem to get the mes-
sage. As SC said earlier, India needs
a bail law that codifies these practices,
and removes judicial discretion. Alt News co-founder Mohammed Zubair after being released from the Tihar jail in New Delhi on Wednesday (ANI)
SC’s other observations in this
case are also crucial. Responding The language issues
to the UP-government counsel who thorities to think before acting against Expunging ‘unparliamentary’ words
is a tradition that India has borrowed
individuals on the flimsiest of reasons
asked that Zubair be told not to post very institution works accord-
‘offensive’ tweets, the court pointed for assumed hurt to sentiment, reputa- ing to a set of rules. But when from the British Parliament. Yet the
tion and fame of individuals/organiza-
debate over the addition of fresh
out that a journalist cannot be asked tions/faith or “national interest”. The Ethose rules undermine the words underscores the need to reflect
not to tweet, rather if any tweet vio- bench had earlier observed that the very purpose of an institution, it is on the compatibility of the practice
lates a law then legal action can follow. practice of repeated charging and ar- time to revisit them. The latest list with modern democratic ideals.
This may seem reiteration of a basic resting was a “vicious cycle” and asked of ‘unparliamentary’ words published It is important for legislators to
understanding of rights and responsi- the UP police not to take precipitative by the Lok Sabha secretariat has observe an acceptable level of conduct.
bilities but given police and lower court sparked sharp criticism from Oppo-
actions – in states governed by politi- action against Zubair. On Wednesday, sition parties because it steps beyond But how relevant is that observance
it said the SIT set up by UP police to
within Parliament if some elected
cal parties across the spectrum – it is the usual range of phrases that are
heartening that SC made things clear. investigate Zubair’s tweets was “re- frowned upon in Parliament and also representatives indulge in provocative
dundant” when it ordered the transfer acts — including hate speech — out-
penalizes the use of language that is
-- Editorial, The Times of India of FIRs to Delhi. A year ago, in Vinod often used to target the government. side the walls of the legislature? The
Dua vs Union of India, the Supreme proceedings of Parliament are also
One step forward Court had clarified that the spirit and While members of Parliament are broadcast live on television, so ‘unpar-
intent of the 1962 Kedar Nath Singh not banned from using these words, liamentary’ language is beamed to mil-
he Supreme Court’s interven- verdict continued to prevail and held as the Lok Sabha Speaker, Om Bir- lions across India in real time before
tion is welcome and hopeful — la, has confirmed, the language will
Tat a time when FIRs are being it as the guiding framework on mat- be redacted from official transcripts. the Speaker can decide whether it is
ters concerning free speech while
to be expunged from written records.
filed at the drop of a “hurt” hat, when cautioning against state over-reach. The list includes terms like jumlajeevi -- Editorial Board, The Telegraph (India)
arrests become the norm rather than The challenge before the judiciary is (someone who repeatedly makes false
the exception, the court’s doors need to ensure that its words are followed, promises) and Snoopgate (a refer- Every week, we look at what the top
to be open wider than ever for it to ful- in letter and spirit, by those who have ence to allegations of wiretapping), as commentators in the Indian media are
fil its role as the custodian of individual the power to throw a citizen into jail. well as everyday words and phrases talking about and bring to you a slice
rights. The court has drawn some red such as ‘ashamed’, ‘corrupt’, ‘bloody’, of their opinions and comments
lines that should henceforth force au- -- Editorial, The Indian Express ‘dictatorial’ and ‘sexual harassment’.

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