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Synopsis

The Delhi High Court on Thursday asked Alt News's Co-founder Mohammed Zubair's counsel to seek instruction on whether Zubair wants to withdraw his application seeking direction to quash FIR registered against him for allegedly torturing and harassing a minor girl on Twitter.

A bench of Justice Anup Jairam Bhambhani asked the Delhi Police to place a copy of the chargesheet before the court.

The present plea relates to a prayer seeking quashing of the 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.

Today, the Delhi Police reiterated their stand that Zubair's tweets did not constitute any cognizable offense and that therefore, there was no criminality as far as Zubair is concerned.

The affidavit submitted by NCPCR had submitted that the Delhi Police's statement that no cognizable offense was made out against Md. Zubair indicated 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 had 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 was still available on Twitter then. He had contended that the post was violative of section 74 of JJ Act, 2015, section 23 of POCSO Act, 2012, Section 228A of IPC and various provisions of the IT Act, 2000.

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