HC notice to Delhi Police on plea against Zubair’s custody
Richa Banka
NEW DELHI: The Delhi high court on Friday sought a response from the Delhi Police on a plea by journalist and Alt News co-founder Mohammad Zubair challenging his four-day police custody and seizure of his electronic devices in connection with a tweet he posted in 2018.
Justice Sanjeev Narula issued notices on both the main petition that challenged a trial court order on June 28 of granting four days of custody of Zubair to police as well as an interim application that sought “restoration of all electronic devices seized from the accused”.
The court granted two weeks to the police to file their response and posted the matter for hearing next on July 27.
Zubair’s police custody is scheduled to end on Saturday and he will be produced before a trial court where the investigating agency – the Delhi Police’s special cell – may seek his further remand. If the court agrees to such a demand, Zubair will once again be sent to police custody.
At a time, the maximum police remand that an accused can be sent to is 15 days from the date of arrest.
However, if the court declines the police’s request for further custody, Zubair could be sent to judipolice, cial custody. In such a case, the journalist may move a bail plea on Saturday itself, which could be heard earliest on Monday, when the court reopens after a monthlong vacation.
Zubair, who recently flagged controversial comments on Prophet Mohammed by suspended BJP spokesperson Nupur Sharma, was arrested by the Delhi Police on Monday over the tweet they said was objectionable. He was produced before a duty magistrate later that night and was sent to one-day police custody initially.
Chief metropolitan magistrate Snigdha Sarvari on June 28 extended his custody by 4 days.
“Police have to submit the material before the magistrate… The magistrate has to examine the fresh material on which he/she would decide on further custody… I am quite confident that the magistrate would examine,” the high court said.
On a request by SG Tushar Mehta, who appeared for the Delhi the court clarified that the proceedings at the trial court will not be “prejudiced” or influenced due to the present litigation in the high court.
At the outset of the hearing, the high court queried Zubair’s counsel Vrinda Grover concerning the “limited shelf life” of the petition as his four-day custody was set to expire on Saturday.
“The (police) remand comes to an end tomorrow (Saturday). You can approach the magistrate and raise all the points there since the matter has a limited shelf life,” justice Narula said.
Advocate Grover, who appeared along with advocate Soutik Banerjee, said: “I don’t think this is a shelf life matter. The issue is whether the remand order is a legal order.”
On seizure of devices, she said: “It (seizure of electronic devices) is allowing them to invade my rights. And it’s like plunging a dagger into the heart of my privacy... The remand order is mechanical and is giving rise to fishing and roving enquiry.”
Questioning Zubair’s police custody, she said: “The question is did a case of this nature warrant a remand? Could my mobile or laptop be directed to be seized? These are very essential questions to be determined, particularly with respect to the electronic device. This has become a pattern, arrest for a very small matter”.