Delhi HC asks police to bring 'chargesheet on record' filed against Md Zubair in POSCO case
Jan 05, 2023
New Delhi [India], January 5 : The Delhi High Court on Thursday asked Delhi Police to bring a chargesheet on record after taking note of the submissions made by Delhi Police that no criminality was found on the part of Mohd Zubair and his name is not included his name in the chargesheet.
Mohd Zubair is a co-founder of the fact-check website Alt News.
The Submissions of Delhi Police were made during the hearing on Zubair's plea seeking direction to quash POCSO FIR lodged against him
Justice Anup Jairam Bhambhani while posed the matter for March 2, 2023, said, before proceeding further let a copy of the charge sheet be filed before the next date of hearing.
The Court also asked the police to serve a copy of the charge sheet to the counsel represented National Commission for Protection of Child Rights (NCPCR).
Earlier, the NCPCR had opposed Mohd Zubair's petition seeking the quashing of FIR registered in August 2020, Delhi Police under section 19 of the POCSO Act, on a complaint filed by NCPCR chairperson Priyank Kanoongo.
The complainant had referred to a tweet allegedly shared by Zubair, which had the photo of a minor girl, with her face blurred out, during an online spat he was having with her father.
NCPCR earlier in its affidavit filed in Delhi High Court requested the court to direct the Delhi Police to conduct a thorough investigation in this case and complete the same on priority.
NCPCR affidavit further submitted that this case involving harassment and online stalking of a minor is a serious problem that has arisen through the wide usage of social media platforms like Twitter. The act of the petitioner has not only violated the rights of a minor but has also violated the provisions of law as given under the IT Act, 2000, IPC, 1860 and POCSO Act, 2012.
The NCPCR further submitted that the information provided by the Delhi Police through its status report dated May 14, 2022, clearly shows that the petitioner has been trying to evade the investigation of the law enforcement authorities and is not fully cooperating. The mala fide intention of the petitioner to conceal the facts is evident which is seen to be causing a serious delay in the investigation of this case.
The submission made by the Delhi Police as to no cognizable offence being made out against the petitioner is also incorrect and indicates the casual attitude of the police in this case, stated NCPCR.
The court may kindly consider that in the complaint received by NCPCR with regard to the present case, the retweeting of the picture of a minor girl by the petitioner initiated the indecent and obnoxious comments against her. In addition, the retweeting of the picture contributed to the disclosure of her identity through her father and seriously jeopardized her safety and security, stated NCPCR reply copy.
Mohd Zubair/petitioner has knocked on the doors of the Delhi High Court under Article 226 of the Constitution of India for direction to the Delhi Police to quash the said FIR and also sought direction to respondents to pay the cost to the tune of Rs 50 lakhs for harassing and defaming him.
