On January 13, the Delhi High Court dismissed a petition filed by Mohammed Zubair, co-founder of propaganda portal Alt News, seeking the return of devices and documents seized by Delhi Police in connection with a 2018 controversial tweet case. Zubair’s plea specifically sought the return of his mobile phone but failed to explicitly mention it in the application. A single-judge bench of Justice Swarana Kanta Sharma advised Zubair to approach the appropriate magistrate to seek relief in the matter.
Represented by Advocate Soutik Banerjee, Zubair’s counsel sought an adjournment during the hearing, which was strongly opposed by the counsel for Delhi Police. The police contended that the matter had lost relevance.
Justice Sharma noted that one of the prayers in Zubair’s plea, which challenged his four-day police custody in 2022, had already become ineffective. While Banerjee argued that the police had seized devices beyond the scope of the FIR, Justice Sharma observed that the petitioner’s plea failed to identify specific devices or documents. Upon further clarification by Banerjee that the plea pertained to Zubair’s mobile phone, the court directed him to file an appropriate application before the area magistrate.
Mohammed Zubair was arrested in June 2022 by Delhi Police for allegedly hurting religious sentiments and promoting enmity through a 2018 tweet. The controversial tweet depicted a “Honeymoon Hotel” renamed after Hanuman ji, which the complainant alleged insulted the Hindu religion and was provocative enough to incite communal hatred.
Zubair was initially booked under Sections 153A (promoting enmity between different groups) and 295 (defiling a place of worship with intent to insult religion) of the Indian Penal Code (IPC). Subsequently, additional charges under Sections 295A (deliberate acts intended to outrage religious feelings), 201 (causing the disappearance of evidence), and 120B (criminal conspiracy) of the IPC, along with Section 35 of the Foreign Contribution (Regulation) Act, 2010, were invoked.
He was granted bail on July 15, 2022, by a Sessions Court.
Mohammed Zubair, known for his work with Alt News, has faced multiple legal challenges over his career. His activities have often drawn criticism, leading to several FIRs accusing him of creating social disharmony.
In the latest controversy, the Uttar Pradesh Police booked Zubair on charges of allegedly inciting communal tension. While the Allahabad High Court stayed his arrest in December 2024, it imposed restrictions on his travel, barring him from leaving the country.
The Delhi High Court’s dismissal of Zubair’s plea highlights the procedural lapses in his application and emphasizes the need for him to seek relief through the appropriate judicial channels. Justice Sharma’s observations also underscored the importance of clearly identifying seized items in such petitions.
Zubair’s legal team is expected to approach the concerned magistrate for the return of his mobile phone, as directed by the High Court. Meanwhile, the case remains a focal point in the ongoing debate surrounding freedom of expression and accountability in the digital age.
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