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The Delhi High Court on Friday issued notice on the plea filed by Alt News Co-Founder Mohammed Zubair challenging his four days police remand granted by the Patiala House Court. Vrinda Grover, advocate, while arguing his case, remarked that Zubair's arrest was a dagger into his privacy.

He was arrested earlier this week, on Monday, by the Special Cell of the Delhi Police for allegedly hurting religious sentiments and promoting enmity by a tweet made by him in 2018 

Justice Sanjeev Narula,  who was hearing the matter, has observed that the remand order was for a period of four days and ended tomorrow, i.e., July 2. He observed that in any case the matter has a small shelf life ad is to come up before the lower court very soon 

"This matter has a very limited shelf life. Why don't you urge these points before the Magistrate?" remarked Justice Narula. 

Advocate Vrinda Grover, appearing for the accused, Mohammad Zubair, argued that the present case did not warrant a remand and that the seizure of Zubair's laptop and phone was highly irregular. 

"Did a case like this warrant my remand? Could my laptop and phone have been seized in this manner. This has become a pattern", she argued

While Adv. Grover admitted that the tweet had been made from Zubair's phone, she argued that the seizure had not been done in line with the FIR against Zubair and that the wrongful seizure of Zubair's laptop was changing the structure of the investigation altogether. 

"It is planting a dagger into my privacy", argued Grover

She argued that the police had asked Zubair for his laptop and his mobile phone. However, Zubair had categorically told the police that he did not use his laptop for tweets and only used his phone for the same. She argued that if the purpose of the investigation was the tweet on the basis of which the seizure was made, there was no reason for the police to also seize Zubair's laptop 

She argued that Zubair is a journalist and his laptop may contain confidential information. She also submitted that while Zubair was summoned by a notice under Section 41A of the CrPC in a different unrelated matter, upon his appearance before the police station he was served with another notice under Section 41A of the CrPC for an entirely different matter altogether. She argued that this was an abuse of process by the police

"What is going to protect a citizen, any ordinary citizen, from the police?", she said

She also pointed out that the complainant in the present case was not an ordinary citizen and was actually a Special Informant posted at the Police Station Cell (IFSO) Lodhi Road. She argued that the FIR was against an image tweeted by Zubair, which was alleged to be deliberately provocative against a certain community.

She argued that the twitter account 'Hanuman Bhakt' was made in 2021 and since then the tweet against Zubair was the only tweet made by the said account in 2022. She also pointed out how the account only had one follower. 

Appreciating Adv. Grover's arguments the court remarked that it is inclined to issue notice in the petition. 

Appearing for the Delhi Police, Solicitor General Tushar Mehta, argued that there was no harm done upon seizure of the laptop. He argued that if the police did not find anything on Zubair's laptop they would file an appropriate closure report. He claimed that the issue of seizure of the laptop was an academic issue. 

Upon the court inquiring as to whether the Delhi Police intended to extend the accused's remand, SG Mehta replied that it would be inappropriate on his part to make any presumptions. He submitted that one would only find out till late night, should any developments take place.

Advocate Grover on the other hand argued that even if the police wished to retain the laptop, the Police ought not to check it till the pendency of the case. She also prayed for notice of any further applications moved by the Delhi Police extending the remand of the Accused in police custody and argued that the same should not be secretive proceedings. 

The court directed the accused be presented before the magistrate on July 2nd. Meanwhile, the Delhi High Court will continue to hear the petition challenging the legality of the remand order. Thus, the court issued notice to the Delhi Police to file its response to the petition challenging remand of the Accused within two weeks and gave one week thereafter to file rejoinder to the Accused. 

However, the court also directed that the proceedings in the lower court were to continue without prejudice to the proceedings pending in the Delhi High Court.

The petition has been listed to be heard on July 27.

Background

Mohammad Zubair, the co founder of fact checking website Alt News, was arrested, on Monday, over a tweet he made in 2018. The FIR registered against him reportedly alleges that the tweet he made was "highly provocative and more than sufficient to incite feelings of hatred". 

In the tweet Zubair has shown a photo of a hotel board that reads "Hanuman Hotel" in Hindi. The paint marks on the board suggest that it was earlier called "Honeymoon Hotel" but the name was later changed to "Hanuman Hotel". The photo was tweeted by Zubair with  the caption "Before 2014: Honeymoon Hotel, After 2014: Hanuman Hotel". 

After his arrest Zubair was produced before the Court of Chief Metropolitan Magistrate, Snigdha Savaria, for arguments on bail. 

The Delhi Police has argued that Zubair, who is a fact checker, has made certain provocative statements of religious groups just to become popular. Moreover, he has refused to cooperate in the investigation and has also deleted all the applications on his mobile phone including Twitter. The Delhi Police also argued that there are several FIRs against him for such posts and he is a continuing offender who has a tendency to deliberately offend religious sentiments. The Delhi Police referred to one of his tweets stating "Pray to Hanuman, monkeys will not disturb you" and claimed that such tweets are not the work of an honest journalist. 

The Delhi Police informed the court that in order to seize his laptop and other electronic devices, Zubair needed to be kept in remand. 

Appearing for Zubair, Advocate Vrinda Grover, has argued that police remand cannot be mechanical. The Delhi Police has sought custody of his laptop, which the Advocate Vrinda Grover has argued, was never part of the investigation.

 The lower court had remanded the accused to four days of police custody. 

Case title: Mohammad Zubair Vs State of NCT, Delhi