MOHAMMED ZUBAIR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner is the co-founder of ALT News, a fact checking portal which conducts its activities under the auspices of Pravda Media Foundation. ALT News was launched in February 2017. Pravda Media Foundation is a company registered under Sec. 8 of the Companies Act 2013.

(2.) On 20/6/2022, FIR 172 of 2022 was registered at the Special Cell of the Delhi Police for alleged offences punishable under Ss. 153-A, 295-A, 201 and 120-B of the Indian Penal Code 1860 (IPC). The offence under Sec. 35 of the Foreign Contribution (Regulation) Act 2010 (FCRA) was added during the course of investigation. The petitioner was arrested on 27/6/2022 and was remanded to police custody for a day by the order of the Duty Magistrate. The custodial order was extended for a further period of four days by the Chief Metropolitan Magistrate, Patiala House Courts, Delhi. On 30/6/2022, a search took place at the residential premises of the petitioner in Bangalore. The legality of the order of police remand has been challenged before the High Court of Delhi in which notice has been issued on 1/7/2022. On 2/7/2022, the petitioner was remanded to fourteen days of judicial custody and his application for bail was rejected by the Chief Metropolitan Magistrate at Patiala House Courts, Delhi. On 15/7/2022, he was granted regular bail by the Additional Sessions Judge.

(3.) The Delhi Police have submitted a status report on the course of the investigation, which has been carried out in pursuance of FIR No 172 of 2022, before the Additional Sessions Judge. The status report notes the course of the investigation which spans into tweets alleged to have been put out by the petitioner. According to the status report, for the purpose of recovery of the laptop and mobile phone used in committing this crime and for the purpose of interrogation of the accused to find out other tweets/posts and larger part of the conspiracy, if any, Mohd Zuber was arrested in this case on 27/6/22. He disclosed that he is co-founder of ALT News and in order to gain popularity he posts such contents/post that triggers religious sentiment and he remain trending in news/ social media and he can get recovered the laptop and mobile phone used in committing this crime.