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A Delhi court on Tuesday, 12 July, posted for 14 July the hearing on a bail plea filed by Alt News co-founder Mohammed Zubair in a case related to an “objectionable tweet” he had posted in 2018 against a Hindu deity.
Additional Sessions Judge Devender Kumar Jangala adjourned the hearing for Thursday after the prosecution sought time for a detailed argument in the matter.
SPP Atul Srivastava, appearing through video conference, urged the court to adjourn the matter, saying that a separate case against Zubair was scheduled for hearing before the Supreme Court on Tuesday.
At this, advocate Vrinda Grover, appearing for the accused, urged the court to take up the matter on Wednesday, 13 July.
Grover then said that some other prosecutor may argue the matter in case Srivastava was not available. “He can appear via VC. This bail was filed. It is a man's liberty. Let it be taken up tomorrow. He may appear on VC,” Grover said.
Srivastava then urged the court to post the matter for 14 July, which was allowed by the judge.
During the brief hearing, the defence counsel opposed the police argument that the tweet posted by Zubair was “highly provocative and more than sufficient to incite feeling of hatred amongst people which can be detrimental for maintenance of public tranquility.”
She said the image used in the tweet was from the Hrishikesh Mukherjee film Kissi Se Na Kehna released in 1983. She said,
She sought the court's permission to play a video from the movie in question. The judge, however, said the counsel could play the video later on.
“This Twitter profile (the complainant in the case) is made in 2021. He has only one follower. No algorithm can lead him to this tweet. Delhi Police finds it. While doing social media monitoring they would have certainly seen all other tweets with Twitter image and words, but they did not find anyone else. There is malafide writ large,” she submitted.
A magisterial court had, on 2 July, dismissed Zubair's bail plea and sent him to 14-day judicial custody (JC) in the case, citing the nature and gravity of the offences against the accused and observing that the matter was at an initial stage of investigation.
In its order, the court had noted the submission of the public prosecutor that investigation was at an initial stage and that there was every likelihood that police custody remand of accused would be required.
The judge also considered addition of new sections during the course of investigation while rejecting the bail application.
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