[Mohammad Zubair's Case] CJAR Alleges 'Prior Backdoor Arrangement' Between Magistrate and Police

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The Campaign for Judicial Accountability and Reform (CJAR) on Monday issued a statement criticising the investigation of the charges against Mohammad Zubair along with condemning the conduct of the police. 

The statement expresses shock and condemnation at Zubair's arrest and denial of bail and further denounces the conduct of the police in revealing the contents of the order denying bail to the media more than five hours prior to the order being pronounced on July 2. 

"CJAR is further choked at the manner in which the Delhi Police revealed the contents of the order in the ongoing case of Mohammed Zubair's bail to the media more than five hours prior to the order being pronounced on the 2nd of July.........It is most shocking that several hours later when the bench assembled and the order was pronounced, it was exactly what the police had announced earlier - denial of bail and 14 days judicial custody." said the statement. 

CJAR further referred to the explanation offered by the Deputy Superintendent of Police to the effect that he misheard the Investigating Officer and that the message was accidentally revealed to the media. 

"The explanation offered by the Deputy Superintendent of Police....... is bizarre to put it mildly. No effort was made to correct the record when media outlets flashed this information and it was only when the counsels for the Petitioner raised the issues did the clarification even come about", CJAR said in its statement. 

CJAR has also raised allegations against the judiciary and had expressed concern over the "interference of the Delhi Police in the judicial process". The statement alleged collusion between the Delhi Police and the Chief Metropolitan Magistrate, Snigdha Savaria J., who pronounced the order denying bail to Zubair. 

"It appears that the Delhi Police and the magistrate had a prior backdoor arrangement outside of court as to the nature of the order that was to be pronounced. We believe strict action must be taken against the offiicials responsible for this. To reinforce the faith of the public in the judiciary and constitutional governance, the communication between the police and the judge and the perceived influence of the police over the judicial process, needs a thorough independent probe, that must be conducted forthwith by the Delhi High Court," said CJAR in its statement. 

Background 

On June 27, Mohammad Zubair was arrested for hurting religious sentiments and promoting enmity between the states on account of a tweet made by him in 2018. 

On June 28, Zubair was remanded to four days of police custody by a Delhi Court. 

Meanwhile, Zubair also moved the Delhi High Court challenging the legality of the remand order and the Delhi High Court issued notice to the Delhi Police and directed it to file a response within two weeks. 

The Delhi High Court also directed that the proceedings in the lower court should continue as is and without prejudice to the challenge of remand before the high court. The Delhi High Court directed the matter be listed before the trial court on July 2. 

On July 2, Zubair was produced before the Chief Metropolitan Magistrate, Snigdha Savaria J. at the Patiala House Court, where his bail was denied and he was remanded to police custody for another 14 days.