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Advocate of Mohammed Zubair, who is arrested over a Hinduphobic post, argues against the examination of his laptop in Delhi HC

"I am only saying that the laptop is in their custody and they don't check the laptop till the pendency of this case," said Vrinda Grover, the lawyer of Alt News co-founder Mohammed Zubair, who is accused of tampering with evidence after he presented a formatted mobile phone to the Delhi Police.

In the Delhi High Court today, senior advocate Vrinda Grover, representing Mohammed Zubair, the co-founder of leftist propaganda portal Alt News, desperately tried to ensure that the Delhi police do not examine Zubair’s laptop, which he reportedly used for uploading objectionable posts on social media platforms. 

The Delhi High Court bench of Justice Sanjeev Narula had Friday, continued to hear the plea filed by Mohammed Zubair challenging a Patiala House Court order remanding him to police custody. The Patiala Court had on June 28, sent Zubair to four days of police custody in the case against him for hurting religious sentiments.

Grover, while arguing before the Delhi HC today, urged the court to order the Delhi police not to check Zubair’s laptop till the pendency of this case. “I am only saying that the laptop is in their custody and they don’t check the laptop till the pendency of this case,” urged Grover.

Advocate Vrinda Grover further told the court that checking Zubair’s laptop and phone was an infringement of his right to privacy since he is a journalist.

“My client is being targeted for his work. He may be challenging the people who are powerful but that can’t be reason why he is targeted,” said Grover to the court, as she tried her level best to get the Delhi police from not investigating his laptop and other electronic devices.

“It is planting a dagger in my privacy. My mobile phone and laptop have been asked for. But the tweet could not have gone from my laptop. Why are they asking for my laptop? What this is doing is changing the structure of this investigation”, Grover contended in court, while adding, “I am a journalist. My laptop is in their custody and all the tweets that are there are also tweeted by others. Those are still there. This is the genesis. The genesis is they want their hands on my devices.”

Interestingly, yesterday also, Zubair, through his counsel Vrinda Grover refused to hand over his laptop and other electronic items to the Police saying that his laptop and his phone storage were his personal things. “They want my laptop only to harass me, only because I have been challenging what certain people have been saying, and some of those people are in power,” he had argued.

Alt News co-founder flown to Bengaluru to recover his laptop, hard disk

The honourable Court had, however, allowed police to recover his laptop and phone from Bangalore, which was purportedly used to post the Tweet in question. On June 30, the Delhi Police Special Cell flew Zubair to Bengaluru to recover his laptop and other electronic devices which he used for uploading objectionable posts on social media platforms. 

According to the reports, Zubair earlier had refused to hand over his electronic devices and had formatted them. The Police said that despite repeatedly asking for the devices, Zubair had refused to hand his devices over to the Police.

In fact, Zubair was arrested on June 27 as a result of his refusal to hand over the electronic devices he used to post the inflammatory tweet in 2018. Zubair claimed that he misplaced the phone he used in 2018, and he had formatted his phone as per Delhi Police.

Meanwhile, after hearing to arguments presented by Zubair’s counsel Vrinda Grover and Advocate Tushar Mehta, appearing for the Delhi Police Justice Sanjeev Narula asked the Delhi Police to file a counter-affidavit within two weeks to the plea which also took objection to the Patiala House court order permitting examination and seizure of laptop of Zubair.

“Considering the submissions, a response is called for. Let the counter-affidavit be filed in two weeks. Rejoinder to be filed one week thereafter,” the Court directed.

The Delhi Police was also told by the court to give copies of the remand application to Zubair’s counsel. Justice Sanjeev Narula also clarified that the magistrate will decide the issue without being prejudiced by the High Court order.

The matter was listed for further hearing on July 27.

Tweets by Mohammed Zubair go missing from his Twitter account after his arrest

Notably, from June 27 to June 29, 100 tweets went missing from the Twitter account (@zoo_bear) of the co-founder of the propaganda website AltNews, Mohammed Zubair. 88 of the 100 tweets went missing on June 28 when Zubair was in Police custody. Earlier on June 20, he had deleted 28 tweets.

While seeking remand, Delhi Police categorically said that Zubair had deleted electronic evidence and presented a blank phone when asked to produce the electronic devices. It is virtually not possible for Zubair to access any electronic device while in Police custody, and it is unclear how the tweets were deleted from his account and by whom.

Zubair arrested for hurting religious sentiments

Mohammed Zubair was arrested on June 28 by the Delhi Police for hurting religious sentiments via derogatory social media posts targeting Hinduism. He was booked under Sections 153A and 295 of the Indian Penal Code. The FIR was based on a tweet by Twitter user @balajikijaiin where the user had shared a screenshot of an old tweet by Zubair in which he had mocked Lord Hanuman. In the tweet, @balajikijaiin had tagged the Delhi Police and asked them to take action against Zubair for hurting the sentiments of Hindus with his derogatory post against Lord Hanuman.

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