“Once A Jihadi Always a Jihadi” Remarked by Mohammed Zubair || Delhi Police Informed Delhi HC: No Incriminating Evidence was Found

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The Delhi High Court raised concerns over the Delhi Police’s handling of the hate speech case involving Jagdish Kumar’s derogatory remarks against journalist Mohammed Zubair. The police report stated that no incriminating evidence was found against Kumar, leading to no case being registered against him

NEW DELHI: Today (25th April): The Delhi Police informed the Delhi High Court that no incriminating evidence has been found against Jagdish Kumar, the individual who referred to fact-checker and Alt News journalist Mohammed Zubair as a “jihadi.” The police report stated that Singh’s tweet did not cause fear or alarm to the public, leading to no case being registered against him. The court criticized the police for filing charges against Zubair instead of taking action against Singh.

The Delhi Police recently submitted a report to the Delhi High Court regarding the hate speech case involving Jagdish Kumar, who had made derogatory remarks against journalist Mohammed Zubair. The police stated that after examining Singh and recording his statement, no incriminating evidence was found to proceed with the matter.

According to the report, Singh’s tweet, in which he referred to Zubair as a “jihadi” and commented, “Once a jihadi is always a jihadi,” did not cause fear or alarm to the public or any section of the public that could induce someone to commit an offense against the state or public tranquility. Consequently, no case has been registered against Singh.

In 2020, when Zubair criticized Singh for his trolling activities and retweeted Singh’s display picture, albeit with his daughter’s face pixelated.

Zubair’s tweet read,

“Hello Jagdish Singh. Does your cute granddaughter know about your part-time job of abusing people on social media? I suggest you change your profile picture.”

Subsequently, the Delhi Police filed a First Information Report (FIR) against Zubair, invoking provisions of the Protection of Children from Sexual Offenses (POCSO) Act as well as sections of the Information Technology Act and the Indian Penal Code. Zubair was accused of allegedly “threatening and torturing” a minor girl on Twitter.

The Delhi Police stated that Singh’s tweet does not induce fear or alarm among the public, leading to no case being registered against him.

“The tweet by the complainant, Mr. Jagdish Singh, examined in this regard, does not incite fear or alarm among the public or any section thereof, prompting individuals to commit offenses against the state or public tranquility. Consequently, no case has been registered against the complainant, Mr. Jagdish Singh, in relation to the mentioned tweet,” the report stated.

However, the Delhi Police later filed an affidavit before the High Court stating that Zubair was not named in the chargesheet as no evidence of criminality was found against him. The Court criticized the police for their failure to take action against Singh, who had made hate speech against Zubair.

The tweet read:

“Hello Jagdish Singh. Does your cute granddaughter know about your part-time job of abusing people on social media? I suggest you change your profile picture.”

Justice Anup Jairam Bhambhani emphasized that the Court must fulfill its duty by taking action against Singh for his hate speech against Zubair.

“You vehemently criticized him (Zubair). However, the case has now concluded quietly, as it should, due to a lack of evidence against him. But what measures have been taken against this individual (Singh)?” the Court queried the counsel representing the Delhi Police.

Advocate Urvi Mohan represented Mohammed Zubair in the case, emphasizing the need for justice and action against those who engage in hate speech.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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