The Delhi Police has conveyed to the Delhi High Court that there is no evidence to incriminate Jagdish Kumar, the individual who made derogatory remarks towards fact-checker and Alt News journalist Mohammed Zubair, referring to him as a 'jihadi' and asserting "Once a jihadi, always a jihadi."
According to a report submitted by the Delhi Police to the High Court, Jagdish Kumar Singh was questioned regarding his intentions, and after recording his statement, no incriminating evidence was found to warrant further action in the case.
The Delhi Police clarified that Singh's tweet did not induce fear or alarm among the public, which is why no legal case has been initiated against him.
“Thus, the captioned tweet by the complainant Mr. Jagdish Singh and his examination in this regard has revealed that the captioned tweet on 18.04.2020 does not cause fear or alarm to the public or any section of the public whereby any person may be induced to commit an offence against any state or against public tranquility. That in view of above, no case has been registered in relation to the captioned tweet against the complainant i.e. Mr. Jagdish Singh,” the report said.
The Delhi Police submitted their report following criticism from the High Court for their failure to take action against Singh and, instead, filing a First Information Report (FIR) against Zubair.
The incident occurred in 2020 when Zubair, in a tweet, criticized Singh for trolling and shared his profile picture, which included his daughter. However, Zubair pixelated or blurred the image of Singh's daughter before sharing it.
Zubair was booked by the Delhi Police under the Protection of Children from Sexual Offenses (POCSO) Act, as well as sections of the Information Technology Act and the Indian Penal Code, for allegedly "threatening and torturing" a minor girl on Twitter.
The Delhi Police later submitted an affidavit to the High Court stating that Zubair was not named in the chargesheet because no criminality was found against him. However, the High Court criticized the police for their failure to take action against Singh, who had allegedly engaged in "hate speech" against Zubair.
Justice Anup Jairam Bhambhani emphasized that it is the Court's duty to take action against Singh for making hate speech against Zubair, indicating that failing to do so would be a neglect of that duty.
"You went hammer and tongs against him (Zubair). But the case has now ended in a whimper as it should have because there was no evidence against him. But what action have you taken against this man (Singh)," the Court had asked Delhi Police counsel.
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