Delhi High Court Directs Man To Put Apology For Posting 'Offensive Tweet' Against Alt News' Mohd Zubair

The Delhi High Court on Thursday directed a man named Jagdish Singh to put an apology on X Corp, formerly Twitter, for posting an “offensive tweet” against Alt News co founder Mohammed Zubair by calling him a “jihadi” in 2020.

Justice Anup Jairam Bhambhani directed Singh to post the apology on his Twitter handle within a week which is to be retained there for atleast two months.

The tweet has to be done with the text “I regret making the above comment which was not made with any malice or intention to hurt or offend Mohammed Zubair.”

Justice Bhambhani disposed of Zubair's plea seeking quashing of the FIR against him under the POCSO Act — he has already been given a clean chit in the case.

The tweet in question was made by Jagdish Singh, who filed a complaint against Zubair and accused him of causing cyber sexual harassment of his grand-daughter. He had tweeted “Once a jihadi is always jihadi” on Zubair's tweet on April 18, 2020.

The counsel appearing for the man, Jagdish Singh, informed court that Singh is willing to place the apology for the offensive comment on his Twitter handle.

The court disposed of the plea directing Singh to place the text on his twitter handle giving the context of the offending tweet against Zubair. It clarified that nothing shall preclude Singh's right to pursue his legal remedies before the trial court where the case is pending. 

Zubair's counsel confirmed that after Singh complies with the order, the journalist will not initiate any action against him in respect of the subject matter of the case.

The Delhi Police informed court that the IO recorded Singh's statement recently in which he had said that the offensive comment made by him was done without malice and was not intended to cause any hurt or offense to him.

In his statement, Singh also expressed his regret and said that he respects all the religions.

The court was informed that in view of Singh's statement, the IO leaves it for the court to pass appropriate orders in the matter.

“Let us get him to put an apology on his Twitter handle. If he has expressed regret then let him atone for that (tweet),” Justice Bhambhani orally remarked during the hearing.

He added: “He (Singh) gives his own history and he says I often put comments…. He has chosen very unfortunate words. He says I am sorry and I regret it. Let him put out (the apology) on his handle. In the context of what he said about the petitioner (Zubair), he should express apology on the same twitter platform.”

Earlier this year, the Delhi Police filed a status report stating that no case has been registered against Singh for the offensive comment against the journalist.

The Delhi Police had filed the response after it was pulled up by the court last year over no action taken against Singh.

The case pertained 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 replies while using a profile picture with his granddaughter in it. Zubair in his tweet had 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.

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.

The Delhi Police previously informed court that no criminality was found in the tweet posted by Zubair. The police in May last year said that no cognizable offence was made out against Zubair.

Zubair was granted interim protection from arrest on September 9, 2020 by a coordinate bench. 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.

Case Title: MOHAMMED ZUBAIR v. STATE OF GNCT & ORS. 

Citation: 2024 LiveLaw (Del) 925