Thread by @barandbench

Alt News co-founder Mohammed Zubair's bail hearing to continue today after a plea was filed before Additional Sessions Judge Devender Kumar Jangala in a "promoting enmity", FCRA case of Delhi Police Special Cell connected to a 2018 tweet.

#MohammedZubair #altnews #DelhiPolice

Previously, the hearing was adjourned after the Special Public Prosecutor expressed unavailability.

#MohammedZubair #altnews #DelhiPolice

Read more:
barandbench.com/news/litigatio…

Advocate Vrinda Grover appears for Zubair. SPP Atul Shrivastava represents State. Both lawyers present in court.

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Matter called out

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Grover gives a brief recap of what was argued previously.

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Court asks about time of the tweet.
SPP: 2018. Still exists.

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SPP: It was argued it was a movie. But two words are very important – before 2014 and after 2014. It was intentionally made.
Court: What purpose?
SPP: 2014. Modi government
Court: basically you're saying it was Union government?

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Court: What is the relevance of 2014?

SPP: change of government and incitement.
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Court: Have you recorded the statement of the person? Abhi tak aapne statement hee nahi likhi hai?

How many statements have you recorded? You must have recorded? how many person felt offender by this?

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SPP: Tweet is there.
Court: You can't go by tweets. You have to go by CrPC. There is a procedure. You have to record statements of people.

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SPP: There are 529 retweets.
Court: You mean 529 people are offended?
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SPP: There is an intention. He has received foreign funds from counties like Iran, Saudi, Pakistan, etc

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Grover: Section 35 of FCRA is a generic provision. It has to be read with the relevant provisions to say what violations.

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SPP reads law on foreign contribution.

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SPP: We have contacted those who have contributed. One person was living in Saudi for the past 22-23 years. Even if one citizen gives, it has to be informed

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Grover: i will demonstrate that FCRA has no application in this case.

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Grover: I will start with FCRA which was belatedly added. Section 35 is a blanket penal provision and says that for any violation of any provision punishment is 5 years.

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Grover: Let's take the case of the prosecution. I'm not denying that I'm a fact checker, or director of Alt News or its my tweet. Not denying anything.

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Grover: I'm making a self declaration that Pravada Media is a registered as a company. I don't have FCRA and that's why we can't have foreign contribution. There is a disclaimer that we accept only Indian money.

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Grover places #Razorpay CEO statement on record. Reads statement.

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Grover reads relevant portion of the statement which concerns that Alt News accepting domestic contribution. They said only domestic contribution are enabled. They're saying for Alt News only domestic remittances.

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Grover: To name certain countries is a little unfortunate. It doesn't matter if it is US or elsewhere. A violation is a violation. We are in a court of law. That day also certain islamic countries were names.

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Grover: +92 is there in the Excel sheet from where they have shown the contributions. They say it is from Pakistan. It's a formula for computation in Excel and not the code.

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Grover: They have to show a foreign source and a foreign bank account. Now the goal post has shifted to IP addresses. Let's see the law on FCRA.

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Grover: I have not received any foreign contribution either in the form of Indian currency or foreign currency.

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Grover: I'm barred by law from taking any foreign currency. My first question is that are you an Indian donor. That's the first question. If I am an Indian citizen with Indian Bank account and living abroad i may have an IP address.

#MohammedZubair #altnews #DelhiPolice

Grover: I may be on deputation. Indian engineers are in demand everywhere. I may be on deputation in Nokia, Google. There may be IP address of foreign. If you're reading that then you're misreading. That's wrong

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Grover: Therefore my IP address is not the relevant test. The transaction sheet demonstrates which bank I'm given money from. My name, address, PAN is in the transaction sheet. It can't mislead

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Grover: That's what makes Digital India so transparent. This is as far as FCRA is concerned.
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Hearing to continue post lunch.

Grover reads provisions of FCRA. "I'm saying I have not taken foreign contribution only saying what law envisages."

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Grover: My 4 year old tweet is dug out.... I don't behind anonymous Twitter handle. The anonymous Twitter handle digs out 4 year old tweet and puts it out–that he is feeling offended.

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Grover: Question is who is this mystery person. It is still not known. We don't know if it's an Indian Twitter handle? Who is trying to create unrest in my country?
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Grover: The picture in tweet is from Kissi Se Na Kehna. Ye picture ka scene hai. Mera banaya hua nahi hai.

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Grover: To say i have edited... Hrishikesh Mukherjee made a joke. He is no longer alive. CBFC gave the certificate.

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Grover: People of.this country enjoy many freedoms including the freedom to crack a joke. Hrishikesh Mukherjee did the same.

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Grover: From 2018 till 2022 this tweet didn't create any unrest.
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Grover plays the scene from #kissisenakehna

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Court wants to see it.

#MohammedZubair #altnews #DelhiPolice

Movie scene, used in the 2018 tweet, from #kissisenakehna directed by Hrishikesh Mukherjee, starring Bollywood actors Farrukh Shaikh and Deepti Naval played before Judge at Patiala House Court.

https://twitter.com/barandbench/status/1547504176309014529?t=oPTD-BOX5dO4-9eeN9v_Kg&s=19

Grover: first ingredient to be fulfilled (promoting enmity between groups allegation) is two communities. Hanuman ji is the Hindu deity. Where is the other community? Not even a prima facie case made out against me.

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Grover: Somebody feeling hurt for a 4 year old tweet after digging it out doesnt constitute an offence.

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Grover:I was summoned in a different case in which not only i had protection from High Court but where they have said no case is made out against me.

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Grover: The malafide of investigation cannot be overlooked. I was given is a 41A CrPC notice while I was being questioned in another case inside the police station.

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Grover: It's a sham compliance on 41A notice. It's a compliance on paper. This is making a mockery of what High Court and Supreme Court have said.

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Grover: After this arrest, a slew of FIRs for tweets. Whether this will sustain is a different issue. Today I'm before this court and my personal liberty is at stake.

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Grover:My laptop is also seized. The tweet was from the phone. That phone was stolen.

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Grover:I'm a journalist, a fact checker. Things I say may displease people.

Grover concludes.

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SPP begins rebuttal, reads Arnesh Kumar.

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SPP argues on FCRA: There are many amounts they have received from other places. Even 80G IT Act will be there.

Court: How will it benefit a foreign national?
SPP: That's how they're being lured. Cleverly they are doing all this.

#MohammedZubair #altnews #DelhiPolice

SPP: There are other movies also. There is a mens rea, guilty mind that you have taken an image and put it on social media... Why have you chosen Hanumanji?

#MohammedZubair #altnews #DelhiPolice

SPP: Rs 56 lakh came in his account through Razorpay.

#MohammedZubair #altnews #DelhiPolice

SPP: We are doing investigation at a good pace without any bias. We have contacted the bank also and one person is residing in Saudi Arabia for the past 20-22 years.

#MohammedZubair #altnews #DelhiPolice

SPP: It is not as simple as my friend put it. It's a not joke. It's a planned thing. And you have added such things to attract such types of people.

#MohammedZubair #altnews #DelhiPolice

SPP: This is not the only tweet. There are other tweets also as IO has pointed out.

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SPP: Zubair might be avoiding tax liability by getting his money put in his account.

Court: Why do you want him in custody?

SPP: There is someone "Gumnaam" from whom he has accepted money. He will remain Gumnaam.

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Court to pronounce order on bail on Friday at 2pm

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