In an interesting turnaround, Delhi Police has now, on Thursday, January 5, informed the Delhi High Court that no criminality was found in the tweet posted by Alt News Co-founder Mohammed Zubair in response to a Twitter user in August 2020. Earlier, police had earlier registered an FIR under POCSO Act against the fact-checker who had had, because of multiple other cases against him, also spent a month in jail.
Advocate Nandita Rao, appearing for Delhi Police, argued before Justice Anup Jairam Bhambhani that Mohd Zubair has also not been named in the chargesheet filed in respect of the FIR under the POSCO Act, in question.
Following these developments, the court has now listed the matter on March 2 and asked the police to place the chargesheet on record.
The entire case pertains to a tweet posted by Zubair, sharing the profile picture of a user and asking if it was appropriate for him to use derogatory language in reply while using a profile picture figuring his granddaughter. Zubair in his tweet had appropriately blurred the face of the minor girl
“Hello XXX. Does your cute grand daughter know about your part time job of abusing people on social media? I suggest you to change your profile pic,” Zubair had said in the tweet.
After this, the user had subsequently filed multiple complaints against Zubair, accusing him of causing cyber sexual harassment of his grand-daughter. In the FIR lodged in Delhi, offences under the POCSO Act, Section 509B of IPC, Sections 67 and 67A of the Information Technology Act were invoked against Zubair.
Thereafter the Delhi Police in May last year informed the court that no cognizable offence was made out against Zubair. However, NCPCR later argued that the information provided by Police in its status report shows that Zubair has been trying to evade the investigation and was not fully cooperating.
Thereafter, Zubair was granted interim protection from arrest on September 9, 2020 by Justice Yogesh Khanna. The court had also directed the Deputy Commissioner of Police, Cyber Cell to file a status report on the investigation carried out in this case. It had also directed Twitter India to expedite the request filed by the Cyber Cell of Delhi Police.
Zubair had been in the crosshairs of the present regime over the controversial remarks of former BJP spokesperson, Nupur Sharma. Over that he had faced incarceration.
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