Bail denied to Zubair, court sends him to 14-day judicial custody

Co-founder of Alt News Muhammed Al Zubair He was denied bail on Saturday, and a Delhi court sent him into judicial custody for 14 days.

Opposition to the application of bail Zubair, was arrested on charges of harming religious sentiments After a complaint over the 2018 tweet, the prosecution filed in a Delhi court that they iRealization of donations allegedly received from several foreign countries such as Pakistan.

Al-Zubayr was brought before High Court Judge Sanjedha Savaria after the end of his four-day police detention. The police did not request an immediate extension of his police custody and instead requested that he be transferred to judicial custody for 14 days.

The capital’s chief justice, Sneghda Savaria, refused to release Al-Zubayr on bail, and indicated that the matter was in a preliminary stage and given the general circumstances of the case and the nature and seriousness of the offense, no reason had been set for the release on bail.

The court said that the issue of the closure of electronic devices cannot be decided at this stage, as the investigation is still ongoing into the data and devices that were seized during the execution of search warrants.

Regarding the arguments that the offenses in this case were not made clear as the tweets question was from a still image of an Indian movie, the court said this was not helpful to the defendants as sections were added under the FCRA as well.

The court said: “Since the matter is in an initial stage of investigation, this court will not issue any orders regarding which sections are being formed and which sections are not prepared.”

The police had previously told the court that they had added three new provisions in the FIR including Section 201 (causing evidence of crime to disappear, or giving false information to examine the offender), 120(b) (punishing criminal conspiracy) of the Iraqi Penal Code. and Section 35 of the Foreign Contributions (Regulation) Act (FCRA). The prosecution also confirmed that they may request more detention of Al-Zubayr in the future.

Additional Attorney General Atul Shrivastava submitted to the court that Zubair “accepted payments through RazorPay from Pakistan, Syria, Australia, Singapore and the United Arab Emirates, all of which require further investigation”.

“If you accept something – a donation, etc. from a foreign person – that is a violation. According to our CDR analysis, it has agreed through Razor Gateway, from Pakistan, Syria, etc. that all things require further investigation,” he said. Srivastava.

Grover argued that the police “misled the court” when they issued a statement stating that the donations were accepted by the media company Pravda while the police took Zubair’s name as the recipient of the donations in court.

“Pravda is a Division 8 company. Money is going as per their update. Find out if there is a single financial transaction to a foreign company. (Police) is not given power to mislead the court. Throw something in the media to say ‘What a thing is going on.’ Say That foreign money is in. All transactions are proven. These are financial transactions. How can they send (that) to my account? They say I’m a journalist, I can’t get a FCRA. Grover argued this is for the company, not mine.

The public prosecutor told the court that Zubair was the director of the company.

“You are the director. Becoming a journalist is not a crime, doing this kind of thing is a crime and deserves a trial,” Shrivastava said.

Grover argued that it was “not a crime to be a director” and that no notice was given to the company.

“The company getting the money is not in violation of the FCRA. You did not give a notice to Pravda. You said the journalist took (the money) and then he said Pravda. The facts have been distorted. That is why we need a fact-checker in this country,” Grover feet.

The attorney general argued that the donations would be investigated and that they needed to access his phone to get more details about the donations.

Grover argued that instead bank account transactions are seen because they contain the details of each transaction.

Grover further argued that “the entire practice is of a bad faith nature and is a non-justiciable action of the FIR”.

Grover told the court that the tweet came from an Android phone and not a laptop. The court was informed that Zubair’s phone, which was used to send a tweet, had been stolen, and that a report had been submitted in this regard.

“This isn’t a wet rag; it’s a dead end,” Grover said.

Shrivastava said that Al-Zubayr had formatted his phone and also changed his SIM card before he came for investigation. Grover replied, “I (Zubair) was told I formatted the phone. It’s private property, I can do absolutely anything with my phone. You didn’t ask me to bring my phone. Private property What a citizen does has no effect.”

At the last date of the hearing, the police argued that the Twitter account was not anonymous and that the police had details of the user.

Grover made the point and said, “On that day it was said it couldn’t be anonymous. Twitter allows anonymous accounts. No stalkers can make such statements… This anonymous Twitter handles only one follower. His first tweet is a 2018 tweet pulled. In June 2019. He searches my old tweet of 2018 tagged with Delhi Police and files a complaint… They found a Twitter account with 1 follower, defeating the algorithm rule is a miracle.. Any harm, do they want to create societal disharmony, do they want to stir up discord? “

Regarding allegations that Zubair edited the still image, Grover told the court that prosecutors “should not play games” and that the Kisi Se Na Kehna movie from which the still image was used can be found on a streaming platform that is now “popular”.

“It’s a totally innocent comedic spectacle. Since 1983 it has caused no murmur, no flutter, no disturbance. Now they say public calm will be distributed… There can be no shameless case of misconduct… They have arrested a person whose name refers to A different religion. The investigation traveled in a different direction. You can’t call me a false pretense and then find something. This court must guard against such excess and arbitrariness.

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