The Allahabad High Court Yesterday (Dec 20) provided interim protection from arrest to Alt News journalist Mohammed Zubair, who is facing charges under various sections of the Bharatiya Nyaya Sanhita (BNS). While the Court noted that the allegations under Section 196 BNS (promoting enmity between different groups) appeared to be largely supported by the FIR, it stated that the applicability of Section 152 BNS (endangering the sovereignty and integrity of the nation) warranted further examination.
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UTTAR PRADESH: The Allahabad High Court granted interim protection from arrest to Alt News journalist Mohammed Zubair, who is facing charges under various sections of the Bharatiya Nyaya Sanhita (BNS).
While the Court observed that the allegations under Section 196 BNS (promoting enmity between different groups) seemed largely substantiated from the FIR, it stated that the applicability of Section 152 BNS (endangering the sovereignty and integrity of the nation) required further scrutiny.
Court’s Observations on the Charges
The Bench of Justice Siddhartha Varma and Justice Nalin Srivastava noted:
“From the arguments which have been made, we are tentatively of the view that even though from the reading of the FIR one could make out that the offence under section 196 BNS, upto a large extent was being made out. Whether, however, from the allegations made in the FIR, any offence under section 152 BNS was being made out wherein the acts of the petitioner would excite people to commit offences of secession, armed rebellion, subversive activities or get encouraged to get feelings of separatist activities is to be seen.”
The case is scheduled for the next hearing on January 6, 2025. In the meantime, Zubair has been directed to surrender his passport and is prohibited from traveling abroad.
Background of the Case
The case against Zubair stems from a tweet he posted, describing a speech by Ghaziabad Dasna Devi Temple priest Yati Narsinghanand as “derogatory and hateful.”
The tweet, made on October 3, allegedly shared an old video clip of the priest and, according to the FIR, was intended to incite violence.
The FIR was lodged after a complaint by Udita Tyagi, General Secretary of the Yati Narsinghanand Saraswati Foundation, blaming Zubair, along with Arshad Madani and Asaduddin Owaisi, for violent protests that erupted at the temple.
Charges Against Zubair
The Ghaziabad Police charged Zubair under multiple sections of the BNS:
- Section 196: Promoting enmity between religious groups.
- Section 228: Fabricating false evidence.
- Section 299: Outraging religious feelings by insulting religious beliefs.
- Section 356(3): Defamation.
- Section 351(2): Criminal intimidation.
Subsequently, Section 152 was added, alleging Zubair’s actions endangered national sovereignty and integrity.
Court Proceedings and Submissions
Zubair’s Defense
Senior Advocate Devaang Savla, along with his legal team, argued that Zubair’s tweet was an act of disapprobation against the administration’s inaction toward Yati Narsinghanand, who has been previously accused of delivering hate speeches. They stated:
- “There was no attempt to excite secession or armed rebellion or subversive activities.”
- As per the explanation to Section 152 BNS, Zubair’s comments cannot be considered as “encouraging feelings of separatist activities.”
- His tweet was merely pointing out administrative lapses and should not be misinterpreted as a threat to national unity.
The counsel further clarified that, at most, an offence under Section 196 BNS might be inferred from the allegations.
State’s Argument
Additional Advocate General (AAG) Manish Goyal, representing the State, countered:
- Zubair’s tweet, which was widely circulated, promoted enmity between religious groups and disrupted communal harmony.
- He alleged that the selective and provocative nature of the post contributed to the violence at Dasna Devi Temple on October 4, where Yati Narsinghanand narrowly escaped an attack.
- He argued that “a lie from someone claiming to be a renowned fact-checker could incite people towards separatist activities, endangering the country’s sovereignty, unity, and integrity.”
Interim Relief and Next Steps
The Court granted interim relief to Zubair, directing that he:
- Shall not be arrested until the next hearing.
- Surrender his passport to the Commissioner of Police, Ghaziabad.
- Cooperate fully with the investigation.
The Court also noted the necessity of a detailed counter-affidavit from the State and allowed the complainant’s counsel to file their responses within three weeks.
Reactions and Context
This case has garnered significant attention due to Zubair’s role as a journalist and his history of highlighting issues of communal hatred. Notably, Yati Narsinghanand, who delivered the controversial speech against Prophet Muhammad, has faced multiple charges of hate speech in the past.
The events surrounding this case reflect heightened tensions in the region.
With the Court’s final decision pending, the matter continues to be a focal point of discussions on the limits of free speech, journalistic accountability, and communal harmony in India.
CASE TITLE:
Mohammed Zubair v State & Ors.
Click Here to Read Previous Reports on Mohammed Zubair
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