The legality of the Alt News fact-checking website’s arrest of Mohammed Zubair (co-founder) has been in doubt. It is important to determine whether the police gave notice of the FIR/investigation to Mohammed Zubair, who was detained on Monday for inciting riots and hurting religious sentiments.
In the Arnesh Kumar case, the guidelines for arrest clearly state that arrest is not required for any offenses involving less than 7 years imprisonment. A notice of investigation under Section 41 CrPC must be sent to the accused before arrest. This will ask them to participate in the investigation. Mohammed Zubair may seek relief from the court if these guidelines are not followed at the time he was arrested.
Alt News Co-Founder Mohammed Zubair Arrested
In a case in which a Delhi Police officer had not given notice, a man was taken into custody in violation of trust. The Delhi High Court sentenced the Investigation Officer to one day of imprisonment. It also imposed a Rs 2,000 fine and Rs 15,000 compensation on the man. Pratik Sinha (founder of AltNews) stated that no copy or notice of the FIR was given to Mohammed Zubair or his family or friends. Pratik Sinha claimed that Mohammed Zubair was called by police to assist in an investigation in another FIR but was instead arrested in a separate case. Advocate Tara Narula spoke to India Today and stated that legal issues will need to be addressed.
Who Is Mohammed Zubair?
“In general, when a case involves offenses punishable by less than seven years, the police should, at the first instance serve a notice pursuant to Section 41A CrPC. If the accused joins the investigation, they can’t be arrested except for exceptional cause. This is applicable even in this case. If the offenses listed in the FIR are not punishable by less than seven years, the Supreme Court’s judgment in Arnesh Kumar shall apply. Zubair should have been served with an S.41A.CRPC noticed in his FIR that he was arrested. Narula stated that the service of such notice in a separate FOI will not satisfy the law’s requirements regarding arrest during an investigation.
Mohammed Zubair: Charges & Allegation
Mohammed Zubair was the victim of two criminal cases. The first case was FIR number 194/20. 194/20 refers to an alleged tweet that was allegedly hacked and the NCPCR has taken note of it. Zubair had protection from arrest in the 2020 case. FIR no. 172/22 under Sections 295, and 153. This was filed under Sections 153 and 295. ‘Assault on truth’: Opposition condemns Alt News co-founder Mohammed Zubair’s arrest
After a Twitter handle reported to the police that there were tweets that were threatening communal harmony, Zubair was taken into custody by the IFSO unit (Intelligence Fusion & Strategic Operations), Delhi Police. Today, Zubair was summoned to question him in a 2020 case. However, he was taken into custody after the case was immediately filed. Officials claimed that Zubair’s tweets were being re-tweeted and that there was a group of social media users who engaged in hate-mongering. This could have a negative impact on communal harmony and would be against public tranquility.
Zubair was present Monday in the investigation of a case against him that was filed in relation to a tweet he sent in 2020. The Delhi Police provided a status report during the investigation. This report did not find the tweet objectionable. However, his tweets later were found to have been derogatory and questionable, according to police. According to the statement, “In June 2022, Delhi Police was alerted via a Twitter handle that Mohammad Zubair had posted an objectionable tweet earlier. His followers/social media entities had amplified the debates/hatemongering in the thread. He was examined in the case earlier in the month and his role was deemed objectionable.”
According to police, Zubair was not forthcoming with their questions. They also stated that Zubair did not provide the necessary technical equipment for the purpose of the investigation and was unwilling to cooperate in the case. “During the investigation, the conduct Mohammed Zubair displayed was questionable. This warranted his custodial interview to unravel the conspiracy in the matter. He has been taken into custody,” the statement stated, adding that he would be presented in Delhi.