HC protects Alt News co-founder from coercive action till Dec 8

new delhi: The Delhi High Court on Wednesday directed the police to not take any coercive action against Mohd Zubair, the co-founder of fact-checking website Alt News, who has been booked by the Delhi Police and Chhattisgarh Police for purportedly "threatening and torturing a girl child on Twitter".

Justice Yogesh Khanna's order came while he was hearing a petition filed by Zubair seeking that the Delhi Police cyber cell FIR against him be quashed. He also sought a copy of the FIR, claiming that the cyber cell had refused to hand it over, to which the court directed the police to hand over the copy of the FIR to the accused.

The FIRs against Zubair were a result of a spat the journalist had on the social media platform with a troll - a common occurrence given the nature of his job. During the spat in question, the man started posting abusive, demeaning and communally charged comments on Zubair's Twitter page.

Reacting to this, Zubair had then posted the man's Twitter display picture — which is already in the public domain — which showed the man's daughter as well. However, as a journalist, Zubair had cautiously blurred the minor's face and posted it with a message. Senior advocate Colin Gonsalves represented him in the hearing.

However, the National Commission for the Protection of Child Rights filed a complaint against the fact-checker, based on which the Delhi Police booked him "under the Information Technology Act for allegedly threatening and torturing a girl child on Twitter".

Zubair has already refuted the allegations levelled against him in the FIR as an absolutely frivolous complaint. His colleague and Alt-News co-founder Pratik Sinha has also come out and said Zubair is being targetted for the work he does. Alt-News had released a statement saying they stand by Zubair.

During the hearing, the high court said no coercive action should be taken against Zubair till December 8, the next date of hearing, and also sought a response from the NCPCR and the Delhi Police in the plea seeking quashing of the case. The court also directed the Cyber Cell and DCP Anyesh Roy to file a status report in the case within eight weeks.

Delhi government standing counsel (criminal) Rahul Mehra submitted that the journalist was a habitual offender and till the time police get information about a third Twitter handle, he can be given interim protection.

He said the police are still investigating the matter and the FIR was lodged solely on the version of the complainant, NCPCR chairman. Meanwhile, advocate Anindita Pujari, appearing for NCPCR chairman Priyank Kanoongo, submitted that he shall be deleted from the array of parties as he was only an informant and doing his statutory duty.

Zubair's counsel said the NCPCR chief was made a party as he had tweeted about the matter from his personal handle and not the commission's handle.