'Twitter Not Cooperating With Law Enforcement Agencies': NCPCR Moves Delhi High Court Seeking Removal Of Tweet By Alt News Co-Founder Md. Zubair

The National Commission of Protection of Child Rights has moved the Delhi High Court, seeking to implead Twitter as a necessary party in the case pertaining to a tweet posted by Alt news co-founder Mohammad Zubair containing photo of a minor girl, with her face blurred.

The case pertains to a tweet posted by Zubair, sharing the profile picture of Singh which had him standing with his minor granddaughter, and asking -after blurring the face of the minor girl - if it was appropriate for Singh to use derogatory language in replies while using a profile picture figuring his granddaughter.

In light of this tweet, Jagdish Singh filed multiple FIRs against Zubair, accusing him of causing cyber sexual harassment of his grand-daughter. In the FIR lodged in Delhi, offences under section 509B of IPC, Sections 67 and 67A of the Information Technology Act are invoked against Zubair.

The Child Rights body has filed an affidavit in the petition filed by Zubair seeking quashing of the FIR lodged against him over the tweet, made by him in response to a twitter user, Jagdish Singh. It seeks removal of the impugned tweet, posted last year.

NCPCR has informed the Delhi High Court that Twitter is not cooperating with the law enforcement agencies and is not following the law of the land by not taking action against the said post. 

Stating that the post is violative of Juvenile Justice Act, POCSO Act, IPC as well as the Information Technology Act, NCPCR has sought for impleadment of Twitter in the matter with a view to protect dignity of the minor girl and protection of her identity.

"..Twitter Inc. is intentionally denying to provide the requisite information to a public servant which they are legally bound to provide and shielding the suspects/alleged person and hampering the investigation of the case by asking for MLAT," the affidavit reads.

Furthermore it states:

"It is humbly submitted that, such impleadment is imperative in view of the fact that, despite the order of this Hon'ble Court dated 09.09.20, directing Twitter Inc to cooperate in the investigation, it has failed to do so."

The High Court had last year granted interim protection from arrest to Zubair and also directed the Delhi Government and the Deputy Commissioner of Police, Cyber Cell to file a status report on the investigation.

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.