Delhi High Court defers hearing in Md Zubair’s plea seeking Quashing Of FIR In POCSO Case

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Synopsis

The FIR against Zubair had been lodged for allegedly torturing and harassing a young girl on Twitter.

The Delhi High Court on Tuesday deferred hearing in a plea filed by Alt News's Co-founder Mohammed Zubair seeking direction to quash FIR registered against him for allegedly torturing and harassing a minor girl on Twitter

A bench of Justice Anu Malhotra has listed the matter for further hearing on December 7, 2022.

The present plea relates to a prayer seeking quashing of FIR registered against Zubair for allegedly torturing and harassing a minor girl on Twitter.

It may be noted that the affidavit submitted by the National Commission for Protection of Child Rights in its affidavit has opposed the plea seeking quashing of FIR.

The affidavit has submitted that the Delhi Police's statement that no cognizable offense is made out against Md. Zubair indicates their "casual attitude" as Zubair neither deleted tweets about the minor girl nor informed the concerned authorities about users indulging in sexual harassment of the girl.

Whereas earlier, the Chairperson of the National Commission for Protection of Child Rights (NCPCR), Priyank Kanoongo, had told Delhi High Court that it is imperative that Twitter Inc. be arrayed as a party to the proceedings pending before it, related to the POCSO Case against Mohd. Zubair, for allegedly threatening and repeatedly stalking a minor girl on Twitter.

"Twitter is not cooperating with the law enforcement agencies and is not following the law of the land by not taking any action against the impugned post," Kanoongo had told Delhi High Court.

Kanoongo had submitted that NCPCR has been following up with Twitter with regard to the cognizance taken by it under Section 13(2)(j) of the Commissions for the Protection of Child Rights Act, 2005 as well as with the Delhi Police to seek some action on the post published by Zubair containing a picture of the minor girl which is still available on Twitter and that it is violative of section 74 of JJ Act, 2015, section 23 of POCSO Act, 2012, Section 228A of IPC and various provisions of IT Act, 2000.

Case Title: Mohammed Zubair Vs. State of GNCT & Ors.