The Delhi High Court on Friday granted two weeks to Delhi police to respond to Alt-news co-founder Mohammed Zubair’s plea challenging his police remand in a case related to an objectionable tweet he had posted in 2018 against a Hindu deity. The four-day remand of Mr. Zubair ends on Saturday.
Justice Sanjeev Narula posted Mr. Zubair’s petition, which challenges a trial court’s June 28 order granting four days of custody to the police, for further hearing on July 27.
In the meantime, Justice Narula also made it clear that the proceedings before the trial court will continue without being influenced by the proceedings before the high court.
On Tuesday, a local court extended by four days the custodial interrogation of Mr. Zubair in the case after the Delhi police said he did not cooperate with the investigating agency. Mr. Zubair was produced before the court on the expiry of his one-day custodial interrogation.
Mr. Zubair was arrested on Monday for allegedly hurting religious sentiments through one of his tweets.
During the hearing, advocate Vrinda Grover, representing Mr. Zubair, argued that the remand order was not only passed “mechanically” but also invaded his privacy.
Ms. Grover contended that the remand order has allowed the investigating agency to seize his laptop when the tweet was made from a phone. The police cannot hold a fishing and roving enquiry, advocate Ms. Grover said.
Ms. Grover said that the investigating agency had called Mr. Zubair for questioning in some other case but he was arrested in the present case.
Solicitor General Tushar Mehta, appearing for the Delhi Police, said that the “FIR is only initiation of proceedings”. Mr. Mehta said the investigating agency will investigate whether there is any serious offence.
Earlier, the Delhi police had said the custodial interrogation of Mr. Zubair was required to gather information regarding the device from which the tweet was made.
Mr. Zubair’s counsel had argued that the photo, which he used in the tweets, comes from a 1983 Hindi film by Hrishikesh Mukherjee, ‘Kissi Se Na Kehna’, and that the film was not banned.
The trial court had rejected the submission saying it was of no assistance to Mr. Zubair at this stage.
“Considering that mobile phone/laptop of accused used by him for posting the tweet in question is to be recovered at the instance of accused Mohammed Zubair from his Bangalore residence and that accused has remained non-cooperative and the disclosure statement on record, four days PC (police custody) remand of accused is granted since accused is to be taken to Bangalore,” the trial court said.
