What Action Has Been Taken Against Man Who Allegedly Made Hate Speech Against Mohd. Zubair? High Court Pulls Up Delhi Police

The Delhi High Court on Friday pulled up the Delhi Police over no action taken against the man who allegedly made hate speech and posted offensive tweets against Mohammed Zubair in August 2020. The court was hearing Zubair's plea against the FIR under POCSO Act — he has already been given a clean chit in the case.

“You went hammer and tongs against him [Zubair]. But the case has now ended in a whimper, as it should have... because there was no evidence. But what action have you taken against this man [the person who complained against Zubair and also posted the alleged offensive tweets],” Justice Anup Jairam Bhambhani told Delhi Police’s counsel. 

Senior Advocate Sanjoy Ghose represented Zubair.

As the Delhi Police informed court that it is conscious of the directions of the Supreme Court on the action to be taken in hate speech cases, Justice Bhambhani sought a status report from it over the action taken against the person who posted the tweets against Zubair.

“Let a status report be filed within six weeks with a copy to the opposite counsel,” the court said, while listing the matter for hearing on September 14.

The court added that considering the nature of the tweets put out by the person in question, it would remiss in its duty if the directions of the Supreme Court is not enforced. The Delhi Police’s counsel then assured the court that the directions of the Apex Court would be followed and that appropriate action will be taken in the matter in accordance with law.

The Delhi Police also submitted that since Zubair has not been named in the chargesheet, a quietus can be put to the issue.

Earlier in March, Justice Bhambhani had asked the Delhi Police as to what action has been taken against the person.

The 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 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.

The user then 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.

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 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.

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