Thread by @barandbench

The Delhi High Court will hear today @AltNews co-founder Mohammed Zubair's plea challenging the Patiala House Court order remanding him to Delhi Police's custody for four days.
#DelhiHighCourt #MohammedZubair #DelhiPolice @zoo_bear @free_thinker

Delhi Police has accused Zubair of 'hurting religious sentiments' through a tweet he made in 2018. He was arrested on Monday.
In its remand order, lower court said his custody was necessary to recover the devices he used.
#DelhiHighCourt #MohammedZubair @zoo_bear @free_thinker

The plea will be heard by vacation judge Justice Sanjeev Narula.
#DelhiHighCourt #MohammedZubair @zoo_bear @free_thinker

Bench has risen for lunch. Judge will take up the matters after 2:20pm.

#DelhiHighCourt #MohammedZubair @zoo_bear @free_thinker

Bench assembles.
Advocate Vrinda Grover appears for Zubair and mentions the matter.
Bench: The item will reach.

#DelhiHighCourt #MohammedZubair @zoo_bear

Zubair's case is listed as item 6. Court starts with item 1.
#DelhiHighCourt #MohammedZubair @zoo_bear

Court is on item 5. Zubair's matter is next on board.
#DelhiHighCourt #MohammedZubair @zoo_bear

Hearing starts.
#DelhiHighCourt #MohammedZubair @zoo_bear

SG Tushar Mehta appears and says he has preliminary objections to the petition.
Grover: I am challenging the legality and propriety of the remand order. The appropriate party is special cell Intelligence Fusion Strategic Operation.

Grover: The appropriate party therefore would with State of NCT of Delhi.

Grover: The so called offending tweet is date March 2018. It is barred by limitation. No court can take cognisance of this case. What is the purpose of spending public resources. The Union of India is now trying to implead themselves.
SG: I am for Delhi Police not UOI.

Grover: Usually the Delhi Police counsel is there.
SG: This is special appointment.

J Narula: The remand comes to end tomorrow. Why don't you urge everything before the lower court. You can argue but I am posing this question before you. This matter has a limited shelf life now. You urge all these points before magistrate.

Grover: I don't think this is a shelf life petition. The question is the order legal. There is personal liberty at stake. The question is does a case of this nature warrant remand, could my laptop and mobile be directed to be seized.

Grover: Our issue is wrt to seizure of electronic devices. This has now become a pattern.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: Please see my petition. They are cyber crime experts. The tweet shows it is from phone. They are asking for laptop. I am journalist. Please see what SC has said in Pegasus case.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: My old phone is lost despite that ny present phone has been seized. They cannot go beyond the remit of the FIR. The remand order is plunging a dagger in the heart of privacy.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: The tweet was from phone. Why did they seek my laptop. The remand order has grabted everything they wanted. It is facilitating a phishing and roving inquiry.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: The mala fide is writ large. They say the tweet is sensitive and instigating.
Grover now cites and Indian Express article whuch has the similar content.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: Arnesh Kumar guidelines, the orders of this court and even the Delhi Police guidelines were not followed.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: I was summoned in an unrelated matter through 41A notice. In this matter I am under protection. The FIR lodged is on 20th June. They were in knowledge of both. They chose not to send the notice in other matter.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: I was lured. This is police acting like this. At 5:30 pm I was served 41A notice in this FIR.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: This was a sham paper compliance. Within half an hour arrest was made and they said I am not cooperating.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: There cannot be a bigger mockery of Arnesh Kumar. No one will be safe if this is not corrected.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: That very evening I was presented before Duty Magistrate in Burari. There was clearly a need to create extraordinary spectacle around the arrest.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: The duty magistrate grants one day remand. FIR is given to us only after his orders.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: Next day I am before the magistrate once again and he orders seizure of electronic devices.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover is now reading the FIR.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: Initially the FIR was under 295IPC. Then they changed it to 295A.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover now refers to Zubair's tweet.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: The tweet by the complainant's handle against me was the first tweet. He has one follower and the Delhi Police picked it. This requires some extraordinary twitter monitoring.
#DelhiHighCourt #MohammedZubair @zoo_bear

J Narula: This is all on the merits. Now that remand is coming to end tomorrow, that is reason I said the trial court will decide it.
Grover: Then please issue notice and all search and seizure will be subject to outcome of this petition.

SG: So far as laptop is concerned I don't understand what is anxiety.
Grover: It is my right to privacy. I will not grant access to my devices to the state. It is provocative.
#DelhiHighCourt #MohammedZubair @zoo_bear

SG: FIR is only initiation of proceedings. The investigating authorities will investigate and see if there is any serious offence. My lordships under 482 does not interfere in this matter.

SG: Police is not acting in a partisan manner.
#DelhiHighCourt #MohammedZubair @zoo_bear

J Narula: So, in the other FIR a closer report been filed?
SG: In the present matter there not only one tweet. We have said "such tweets".

J Narula: You will be asking for further remand?
SG: We do not know what will be the status of investigation by tonight. It would be presumptuous of me to make any statement in that regard.
#DelhiHighCourt #MohammedZubair @zoo_bear

SG now cites a judgement.
#DelhiHighCourt #MohammedZubair @zoo_bear

SG: Suppose the court were to say remand order is wrong, he will go to judicial question The question is can the HC examine something which will be examined tomorrow?

#DelhiHighCourt #MohammedZubair @zoo_bear

J Narula: I am inclined to issue notice. Let a response come.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: The remand order has to be within the confines of that FIR at that stage. It cannot look into the future.
#DelhiHighCourt #MohammedZubair @zoo_bear

J Narula: The police will present him tomorrow. It will be on the basis of materials presented.
Grover asks the court to pass directions wrt to Zubair's laptop.
#DelhiHighCourt #MohammedZubair @zoo_bear

Grover: Two remand applications have been moved but we have been denied access to those.
SG: The copies are given.
J Narula: I will record your statement hat the copies have been given.

Court dictates order.
Order: The petition is challenging orders of CMM Patiala House court. At the outset the court saud that the order is for four days and he is to be produced before the concerned court tomorrow.

Order: Ms Grover urges the grounds. Considering the submissions, a respose is called for.
#DelhiHighCourt #MohammedZubair @zoo_bear

Order: Let the Counter Affidavit be filed in four weeks. Rejoinder in one qeek thereafter.

Order: Ms Grover says they were not supplied with remand applications. Mr Mehta says it was done. Nevertheless, Mr Mehta says additional applications will be provided today itself.
#DelhiHighCourt #MohammedZubair @zoo_bear

SG asks the court to note in its order that the issuance of notice in this case will not influence the lower court.
#DelhiHighCourt #MohammedZubair @zoo_bear

Court says the magistrate will decide the issue without being prejudiced with the HC's order.
Court lists the case for further hearing on July 27.

#DelhiHighCourt #MohammedZubair @zoo_bear