A Delhi court on Saturday denied bail to Alt-News co-founder Mohammed Zubair and remanded the journalist to 14 days in judicial custody, noting the probe was at “the initial stage”, considering the “overall facts and circumstances of the case” and given the “nature and gravity of offences”.
Chief Metropolitan Magistrate Snigdha Sarvaria of the Patiala House court here pronounced the order around 7 p.m., almost five hours after the Special Cell (IFSO) DCP K.P.S. Malhotra told the media in a “broadcast” message that Mr. Zubair’s bail had been rejected and that he had been remanded to 14 days in judicial custody.
The statement from the police had prompted Mr. Zubair’s counsel, Advocate Soutik Banerjee, to lash out at the police: “It is extremely scandalous and it speaks of the status of rule of law in our country today… How KPS Malhotra knows what the order is, is beyond me and this calls for serious introspection.”
Soon after Mr. Banerjee’s statement, Mr. Malhotra said he had “misheard the IO” and “inadvertently” sent the message to members of the press.
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Mr. Zubair moved a bail application in the case after the Delhi Police produced him in court on Saturday upon the expiry of their police custody. Senior Public Prosecutor Atul Srivastava, for the police, submitted they do not need his custody for the time being and hence sought 14 days judicial custody, saying they may need his police remand at a later stage.
In their application, the police said they were now adding Section 201 (evidence destruction) of IPC because he had “deleted items” from his phone; 120B of the IPC (criminal conspiracy); and Section 35 of the FCRA because they had discovered alleged transactions from foreign countries. This came a day after the police seized a laptop and a hard disk drive from Mr. Zubair’s Bengaluru home.
Significantly, Advocate Vrinda Grover, appearing for Mr. Zubair, sought to put on record their “grave apprehension” that the devices may be tampered with by the police.
She submitted before the court that the Delhi Police Special Cell had travelled all the way to Bengaluru to seize his devices but did not take a technician with them, who could generate the hash value for the device.
“It is standard practice while seizing devices to generate this value so it can be known if there has been any tampering. Moreover, they have in the seizure memo also said that they have not sealed the seized devices as they need to analyse it. We are not disputing that analysis needed but sanctity and integrity of data has to be preserved,” Ms. Grover submitted.
SPP Srivastava opposed this, asking, “Why the apprehension? We have put on record that we are not sealing it because we need to analyse it. What is wrong with it?”
Rebutting this, Ms. Grover said, “I am putting on record a constitutional and legal objection to being asked such a question. I am saying you are abusing your power. Don’t ask me why am I apprehensive. I am asking why you are indulging in illegalities.”
Ms. Grover submitted, “There cannot be a more brazen case of mala fide. They have no prima facie case. Entire proceedings from this are illegal. It is malicious prosecution and they know it.”
In her order, Chief Metropolitan Magistrate (CMM) Sarvaria said, “The issue of sealing of electronic devices cannot be decided at this stage since the investigation qua the data and the electronic devices seized during execution of search warrants are still being looked into.” The court once again dismissed the argument that charges under 153A and 295A of the IPC were not made out as the tweet had an image from a CBFC-approved, widely available film - this time noting the argument did not assist the accused because the FCRA section had now been added.