By Nivedita Niranjankumar
A Delhi Court on Saturday denied bail and remanded journalist Mohammed Zubair to 14 days of judicial custody.
The court's order came after Zubair filed for bail when the Delhi Police submitted it was not seeking an extension of police custody.
The Delhi Police however had sought 14 days judicial custody after fresh allegations emerged where Zubair is accused of receiving money through payment gateway Razorpay from Gulf countries and others like Pakistan and Syria. The police on Saturday added fresh charges accusing Zubair of destroying evidence, conspiracy and receiving foreign funds in violation of the FCRA (Foreign Contribution Regulation Act).
Zubair is the director of Pravda media (parent company of fact checking website At News) and his role in th monetary transactions need to be probed since it may imply income tax violations, special public prosecutor Atul Shrivastava told the court.
The 33-year-old fact checker and co-founder of Alt News was arrested on June 27, after an anonymous Twitter account with one follower at the time tagged Delhi Police over a 2018 tweet by Zubair which showed a film still from Hrishikesh Mukherjee's 1983 movie Kissi Se Na Kaho.
Representing Zubair, senior advocate Vrinda Grover countered allegations and said that all monies received by Pravda Media were above board. "The money which is being alleged to be received in violation of the FCRA has not gone into my account. All money had gone into the account of Pravda Media. It is not a crime to be the director of the firm," Grover argued.
"Just because we say the names of a country, it becomes a suspicious circumstance. I have a brother living in Dubai... Can I speak to him during the pendency of the case?" Grover added.
Highlighting lapses in the probe, Grover submitted that even though four officials from Delhi Police were flown to Bengaluru, Zubair's residence, to recover his laptop; not a single technical expert was sent. The laptop, and Zubair's phone have been seized without due procedure, Grover added. Even the hash value has not been generated, she added.
Grover asserted that the prosecution against Zubair was malicious, malafide and illegal. The arrested man's name indicates his religion which is distinct from all the others who tweeted the same post, she added.
"This Twitter handle (Hanuman Bhakt) pulls out this tweet with what purpose? He says his religious sentiments are hurt, but this is not 'Indian Hurt Sentiment Code'; This is the Indian Penal Code," Grover had said.
Hours before the court delivered the order, several reporters got a message from Delhi Police DCP KPS Malhotra claiming that Zubair had been denied bail and remanded to 14 days judicial custody. Zubair's lawyer Soutik Banerjee speaking to reporters at the court alleged that Malhotra had "leaked the order to the media" even before the "magistrate had pronounced the order". Terming the leak scandlous, Banerjee said, "arguments took place until lunch and the judge reserved the matter for judgment. The judge hasn't come after lunch yet. Shocked to see that DCP KPS Malhotra has leaked in the media that our bail plea has been rejected and 14-day judicial custody granted." He added the entire event speaks to the rule of law in the country.
