2018 Tweet Case: High Court Seeks Delhi Police's Response On Mohammed Zubair's Plea For Return Of Devices Allegedly Seized Beyond Scope Of FIR

The Delhi High Court on Wednesday sought the response of city police in a plea moved by Alt News Co Founder Mohammed Zubair, in connection with 2018 tweet case, seeking that any device or document seized by the Delhi Police, being beyond the allegation in FIR, be forthwith restored to him.

Justice Purushaindra Kumar Kaurav granted four weeks time to the Delhi Police to respond to the plea and also granted liberty to Zubair for filing rejoinder and additional documents in response.

Zubair was arrested in June by the Delhi Police for allegedly hurting religious sentiments and promoting enmity over a tweet made in 2018. He had then moved the High Court challenging his four days police custody remand granted by a Trial Court.

Zubair was later granted bail in the matter by Additional Sessions Judge Devender Kumar Jangala of Patiala House Courts on July 15.

Today, Advocate Vrinda Grover appearing for Zubair pressed the alternative prayer against the seizure of laptop or documents by Police.

Allowing the request of Delhi Police seeking time to file response on the said aspect, the Court listed the matter for hearing on September 15.

In a connected development, the Supreme Court recently granted bail to Zubair in all the 6 FIRs registered by the Uttar Pradesh police in different districts over his tweets and clubbed those cases with the Delhi FIR.

The Apex Court concluded that the criminal justice system was "relentlessly employed against" the fact-checking journalist and that he was trapped in a "vicious cycle of the criminal process".

Zubair was arrested under Section 153A (Promoting enmity between different groups on grounds of religion, etc.) and Section 295 (Injuring or defiling place of worship with intent to insult the religion of any class) of the Indian Penal Code.

Later, sec. 295A along with sec. 201 and 120B of Indian Penal Code and sec. 35 of Foreign Contribution (Regulation) Act, 2010 was invoked against Zubair.

As per Delhi Police, the case was registered after a complaint was received from a twitter handle, wherein it was alleged that Zubair had tweeted a "questionable image with a purpose to deliberately insult the god of a particular religion."

According to the FIR, Zubair's tweet from 2018 on the renaming of a 'Honeymoon Hotel' after Hindu god Hanuman was an insult of their religion.

The FIR alleged that the words and the picture used by Zubair against a particular religious community were highly provocative and more than sufficient to incite feeling of hatred amongst people which can be detrimental for maintenance of public tranquillity in the society.

After the Delhi police FIR, Zubair was taken into custody by the UP Police in relation to 6 FIRs registered against him over other tweets. The Supreme Court has granted interim bail to Zubair in one case (Sitapur Police FIR), which is registered over a tweet terming Yati Narsinghanand, Bajrang Muni and Anand Swaroop "hate-mongers".

Case Title: Mohammed Zubair v. State