2018 Tweet Case: Delhi High Court Closes Mohammed Zubair's Plea To Return Devices Allegedly Seized Beyond Scope Of FIR

The Delhi High Court on Monday disposed of a petition moved by Alt News Co Founder Mohammed Zubair, in connection with 2018 tweet case, seeking that any device or document seized by the Delhi Police, being beyond the allegation in FIR, be restored to him.Justice Swarana Kanta Sharma closed the plea and asked Zubair to move an appropriate application before the concerned magistrate to seek the relief. While Advocate Soutik Banerjee appearing for Zubair requested for an adjournment, Delhi Police's counsel said that nothing survived in the matter. The plea was moved in 2022.The Court was informed that one of the prayers in the petition, challenging Zubair's four days police custody remand, was already infructuous. Justice Sharma said that it was not specified as to which device or document was referred to which was allegedly seized by the Delhi Police being beyond the allegations in the FIR. Banerjee then responded that he was referring to seizure of Zubair's mobile phone. On this, the Court ordered:“He may move an appropriate application before the concerned area magistrate. Disposed of.”Zubair was arrested in June 2022 by the Delhi Police for allegedly hurting religious sentiments and promoting enmity over a tweet made in 2018. He was later granted bail by the sessions court on July 15, 2022. Zubair was arrested under Section 153A (Promoting enmity between different groups on grounds of religion, etc.) and Section 295 (Injuring or defiling place of worship with intent to insult the religion of any class) of the Indian Penal Code.Later, sec. 295A along with sec. 201 and 120B of Indian Penal Code and sec. 35 of Foreign Contribution (Regulation) Act, 2010 was invoked against Zubair.As per Delhi Police, the case was registered after a complaint was received from a twitter handle, wherein it was alleged that Zubair had tweeted a "questionable image with a purpose to deliberately insult the god of a particular religion."According to the FIR, Zubair's tweet from 2018 on the renaming of a 'Honeymoon Hotel' after Hindu god Hanuman was an insult of their religion.The FIR alleged that the words and the picture used by Zubair against a particular religious community were highly provocative and more than sufficient to incite feeling of hatred amongst people which can be detrimental for maintenance of public tranquillity in the society.Title: Mohammed Zubair v. State of NCT of DelhiCitation: 2025 LiveLaw (Del) 29

2018 Tweet Case: Delhi High Court Closes Mohammed Zubair's Plea To Return Devices Allegedly Seized Beyond Scope Of FIR

Nupur Thapliyal

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