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The Chairperson of National Commission for Protection of Child Rights (NCPCR), Priyank Kanoongo, has 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 has told Delhi High Court.

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

Kanoongo has told Delhi High Court that the NCPCR has been following up with Twitter with regard to the Cognisance 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.

In light of the concerted efforts, Kanoongo has stated that after the written requests, Delhi Police provided the Kalandara under section 175 of the CrPc filed before the CMM, Patiala House. 

"It is noted that Twitter Inc. is intentionally denying to provide the requisite information to a public servant which they are legally bound to provide and is shoileding the suspects/ alleged person and hampering the investigation of the case by asking for Mutual Legal Assistance Treaties".

Kanoongo further informs Delhi High Court that in response to the Commissions letter to Twitter Inc., it has been informed to the Commission that another review of the tweet on Twitter handle of the Minor against their polices and applicable law and that it has specifically reviewed content under their PIP as well and has been further qualitative assessment in that regard.

According to the Kalandra issued by Patiala House Courts on August 9, 2020 against Zubair in terms of section 175 CRPC, it was alleged that the Alt News Co-Founder was "harassing, threatening and stalking a minor and had also tweeted indecent and disgraceful comment on the tweet" by sharing her photograph.

The case was listed before the Delhi High Court today before a division bench of Justice Yogesh Khanna. 

It is to be noted that the Delhi High Court granted protection from any coercive action to Zubair by Delhi Police & Cyber Cell last year.

Justice Yogesh Khanna had further sought the response of the police and National Commission for Protection of Child Rights (NCPCR), on whose complaint a case was lodged, on the journalist’s plea seeking quashing of the FIR against him.

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