HC issues notice to Delhi Police on Zubair's plea challenging remand

New Delhi: The Delhi High Court on Friday sought a response from Delhi Police on a plea by Alt News co-founder Mohammed Zubair challenging the legality of his police remand in a case related to an alleged objectionable tweet he had posted in 2018 against a Hindu deity.

Justice Sanjeev Narula issued notice on the petition and gave two weeks to the investigating agency to file its response to the plea which challenges the legality and propriety of the trial court's June 28 order granting four days of custody of Zubair to the police.

The judge listed the case for further hearing on July 27 and said that proceedings before the trial court would continue without being influenced by the present proceedings.

The high court noted that the remand order would expire on July 2 and said, "The police remand order is for four days. I will have to hear the other side. I will issue a notice".

Zubair was arrested by the Delhi Police on June 27 for allegedly hurting religious sentiments through one of his tweets and was sent to one-day police custody by the trial court on the same day.

After being produced on the expiry of his one-day custodial interrogation, his custody was extended by another four days by the Chief Metropolitan Magistrate (CMM).

The high court at the outset queried the petitioner's counsel concerning the "limited shelf life" of the petition as his four-day custody was set to expire on Saturday.

To this, the counsel responded, I don't think this is a shelf life matter. The issue is whether the remand order is a legal order.

Advocate Vrinda Grover, representing Zubair, argued that the "so-called" offensive tweet was of March 2018 so it was barred by limitation and no court can take cognisance of this case.

The issue is whether the trial court's order was legal and did a case of this nature even warranted Zubair's remand, she said.

"Could I be detained in this manner? Could my phone and laptop be seized in this manner? This is the issue here," Grover asked, adding that when the tweet is on Twitter's server, why Zubair's mobile phone was required.

She contended, "this remand order is not only mechanical but there is also non-application of mind. It violates my rights. It is a plunging dagger in my right to privacy. I (Zubair) am a journalist and my laptop is in their custody. "

Grover urged the court to issue notice on the petition to "decide the legality" of the remand and make the search and seizure subject to the outcome of the case.

"If courts don't stop this, nobody is going to be safe in this country," she said.

Solicitor General Tushar Mehta, appearing for Delhi Police, raised objections with respect to the maintainability of the petition and said that the FIR is only an "initiation of proceedings" and the investigating agency may find material to show that there is no offence or that there is a serious offence which is not part of the FIR.

He submitted that the police is not acting in a partisan manner as it has already given a clean chit to Zubair in another FIR against him.

As the judge asked the law officer if the investigating agency would seek an extension of the petitioner's custody remand before the trial court on July 2, Mehta responded, "We don't know. It would be presumptuous on my part. All these contentions can be raised there (trial court)."

The judge said, "I am confident that the magistrate will examine the case on the basis of material".