What Action Has Been Taken Against Man Who Posted Offensive Tweets Against Mohd Zubair? High Court Asks Delhi Police In POCSO Case

The Delhi High Court on Thursday asked the Delhi Police what action has been taken against the man who posted offensive tweets against Alt News Co-founder Mohammed Zubair in August 2020 after which an FIR was registered under POCSO Act against the fact-checker.

“My question is you found nothing against this man (Zubair) and did not put his name in chargesheet. What about this person who put those offensive tweets? What did you do regarding this gentleman Jagdish Singh?” Justice Anup Jairam Bhambhani asked Delhi police’s counsel.

[2020 Tweet Case]

What happened to the person who put those offensive tweets? #DelhiHighCourt asks #DelhiPolice in Mohammed Zubair’s plea.

"I want to know what happened because someone starts a storm…I want to see it things are coming to logical closure,"court said.@zoo_bear pic.twitter.com/F5aDegsg3k

— Live Law (@LiveLawIndia) March 2, 2023

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.

Justice Bhambhani listed the matter for further consideration on March 13 and said that he wants to see if things are coming to a logical closure.

“I want to know what happened because someone starts a storm and you just say he (Zubair) is not named in chargesheet…I want to see if things are coming to logical closure,” the judge told Delhi police.

The court has asked Zubair’s lawyer as well as Delhi Police’s Standing Counsel Nandita Rao to remain present in court on the next date of hearing.

Zubair’s counsel, on instructions, told court that the fact checker is agreeable on withdrawing his plea seeking quashing of the FIR subject to the court recording that Zubair is not named in the chargesheet filed by Delhi police.

Delhi Police earlier this year 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.

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.

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.