No criminality found against Alt News co-founder Zubair: Delhi Police to HC on his plea seeking quashing of 2020 FIR

Zubair moved the Delhi HC seeking quashing of the FIR and action against NCPCR chairperson Priyank Kanoongo, who is the complainant in the case, and a Twitter user whom Zubair had responded to on Twitter.

The NCPCR complaint had referred to a tweet shared by Zubair on August 6, 2020, which had the photo of a minor girl, with her face blurred out, during an online spat he was having with her relative, the Twitter user in question.

Appearing for Delhi Police, advocate Nandita Rao submitted before a single judge bench of Justice Anup Jairam Bhambhani that police have found “no criminality in so far as Zubair is concerned” and have accordingly not included his name in the chargesheet. The HC, thereafter, said, “Before proceeding further, let the chargesheet be placed on record”.

Appearing for NCPCR, additional solicitor general KM Nataraj submitted that he will take further instructions in the matter. The court also asked Zubair’s counsel to take instructions from Zubair whether he wishes to persist or not with the case. The matter is next listed on March 2.

Delhi Police had filed its status report in May 2022 submitting that the tweet made by Zubair does not constitute a cognizable offence. The NCPCR, which is arrayed as respondent no 2 in its affidavit before the HC, alleged that the Delhi Police’s stand is “incorrect and indicates the casual attitude of police” in this case.

“The petitioner merely shared the image of the (Twitter user) standing with a minor girl, whose face is pixelated and calling the (Twitter user) out on his foul, shameful and abusive behaviour on social media,” Zubair’s petition stated.

In September 2020, the Delhi High Court had restrained the Delhi Police from taking any coercive action against Zubair.

NCPCR, in its reply affidavit, had stated that the act of retweeting the picture of a minor girl by Zubair “initiated the indecent and obnoxious” comments against her; it additionally contributed to disclosure of her identity through her father seriously, jeopardising her safety and security. “Retweeting the picture on his Twitter platform exposed the girl to harassment on a big social media platform wherein lewd and disgraceful comments were published by users,” the body alleged.

Further, the comments made on the picture of the minor girl also included comments in the nature of sexual harassment and violative of the provisions under the POCSO, IPC and the IT Act, it claimed.

The body further alleged that despite knowing there were several comments made on his post against the girl, Zubair neither tried to delete the tweet nor did he inform the authorities concerned about the users who had made such comments.