Image Courtesy:theleaflet.in
The Delhi High Court has passed an interim order granting protection from arrest to Mohammed Zubair, the co-founder of Alt News, in a petition for quashing of the FIR against him. A single judge bench of Justice Yogesh Khanna has directed the Delhi government and the Deputy Commissioner of Police, Cyber Cell to file a status report on the investigation carried out in the case, within 8 weeks, as reported by LiveLaw.
Zubair had filed a petition for quashing of FIR lodged against him by a twitter user, Jagdish Singh. Zubair had posted a tweet with the profile picture of Singh standing with his minor grand-daughter, asking if it was appropriate for Singh to use derogatory language in replies even as his grand-daughter figures in his profile picture. Zubair had, however, blurred the face of Singh’s minor grand-daughter, while sharing the picture.
Singh had allegedly been posting comments on Zubair’s tweets, using abusive and derogatory language. In one such uninvited comments, Singh had written, “Once a jihadi always a jihadi” on a post of Zubair where he was wearing an Indian attire.
Singh then filed two FIRs accusing Zubair of cyber sexual harassment of his minor grand-daughter were lodged at Delhi and at Chhattisgarh, under section 509B [Sexual harassment by electronic modes] of the IPC and section 67 [Punishment for publishing or transmitting obscene material in electronic form] and 67A [Punishment for publishing or transmitting of material containing sexually explicit act in electronic form] of the Information Technology Act.
Additionally, in cognizance of this frivolous complaint, National Commission for Protection of Child Rights (NCPCR) summoned Twitter India in order to take action against Zubair for posting the tweet.
Senior Advocate Colin Gonsalves appeared for Zubair and submitted that he was not even provided with the copies of the FIRs. He further submitted that Zubair, through Alt-news, debunks misinformation that is circulated on social media, without any bias and owing to the nature of his work, he usually faces abuse and threats from blind supporters.
Gonsalves further alleged that the complainant, Singh, is in fact a ‘serious harasser’ who attacks people with liberal and progressive views. He also denied even a remotest possibility that Zubair’s tweet could qualify as sexual harassment of a minor.
The court also directed NCPCR to file a reply on the averments made in Zubair’s petition while also directing Twitter India to supply the Cyber Cell with the information they have sought on a third person who has made objectionable comments on Singh and his grand-daughter to check if there is any connection with Zubair.
The case will be next heard on December 8, and until then Zubair is protected from any coercive action.
The complete order may be read here.
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