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The National Commission for Protection of Child Rights (NCPCR) has submitted its objections to a status report filed by the Delhi Police before the Delhi High Court, in connection with a tweet by AltNews founder Mohammed Zubair in 2020.
Zubair was booked by Delhi Police’s Cyber Cell under the Protection of Children from Sexual Offences Act on a complaint from the child rights body for allegedly “threatening and torturing a girl child through Twitter”. Zubair moved the Delhi HC seeking quashing of the FIR and action against NCPCR chairperson Priyank Kanoongo, who is the complainant in the case, and a Twitter user whom Zubair had responded to on Twitter.
The Delhi Police had filed its status report before the HC, submitting that the tweet made by Zubair does not constitute a cognizable offence. The NCPCR, who is arrayed as Respondent No 2 in its affidavit before the HC, has alleged that Delhi Police’s stand is “incorrect and indicates the casual attitude of the police” in this case. The Delhi Police had filed a status report on May 14 in the matter.
NCPCR, in its affidavit, states that the act of retweeting the picture of a minor girl by Zubair “initiated the indecent and obnoxious” comments against her; it additionally contributed to the disclosure of her identity through her father seriously, jeopardising her safety and security. “Retweeting the picture on his Twitter platform exposed the girl to harassment on a big social media platform wherein lewd and disgraceful comments were published by users,” the body has alleged.
Further, the comments made on the picture of the minor girl also includeed comments in the nature of sexual harassment and violative of the provisions under the POCSO, IPC and the IT Act, it claimed.
The body has further alleged that despite knowing that there were several comments made on his post against the girl, Zubair neither tried to delete the tweet nor did he inform the concerned authorities about the users who had made such comments. The body has asked the Delhi HC to direct the police to conduct a “thorough investigation” in the case and complete the same on priority. The matter which was listed for hearing today was adjourned to December 7.
Delhi Police’s status report states that further investigation is being conducted on priority. “The petitioner merely shared the image of the (Twitter user) standing with a minor girl, whose face is pixelated and calling the (Twitter user) out on his foul, shameful and abusive behaviour on social media,” Zubair’s petition stated. In September 2020, the Delhi High Court had restrained the Delhi Police from taking any coercive action against Zubair.
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