Allahabad High Court refused to cancel the FIR against Zubair over his post on Yati Narsinghanand.
The court said his protection from arrest will continue till the chargesheet is filed.
The Allahabad High Court refused to cancel the FIR against Alt News journalist Mohammed Zubair for calling a speech by Yati Narsinghanand “derogatory and hateful” in a tweet.
However, the court said Zubair’s protection from arrest, granted in December 2024, will stay until the chargesheet is filed.
The FIR was filed after Zubair shared an old video of Narsinghanand’s speech, which allegedly hurt religious sentiments.
The complaint, filed by Udita Tyagi, claimed Zubair aimed to incite violence. Police charged him under several sections of the Bharatiya Nyaya Sanhita, including promoting enmity and criminal intimidation.
Zubair told the court the tweet was meant to highlight Narsinghanand’s repeated hateful remarks. He called the FIR “a malicious attempt to prevent him from exposing Narsinghanand’s criminal activities.”
The case is being heard by a division bench consisting of Justice Siddhartha Varma and Justice Dr. Yogendra Kumar Srivastava.
Earlier, the court had provided temporary relief to Zubair by putting a stay on his arrest. The bench observed, “he is not a dreaded criminal,” and extended the stay till January 6, 2025.
During the hearings, the judges carefully reviewed the legal provisions under which Zubair was booked.
They specifically questioned the phrasing of Section 152 of the Bharatiya Nyaya Sanhita (BNS), pointing out potential issues in its language.
Justice Varma commented,
“What is this language? ‘Imprisonment for life or with imprisonment which may extend to seven years.’ Is it the other way? Ulta likh gaya h?”
The court also discussed the reach and impact of Zubair’s social media posts. Referring to a specific tweet from October 3, which had gained 7.7k views according to the FIR, Justice Varma asked,
“Kitne log tweet padhte hain aapke?” To this, Zubair’s counsel responded, “People can read.” Justice Varma concluded, “What I understand is that anyone can read your tweets.”
Questioning Zubair’s use of social media for raising grievances, Justice Varma remarked,
“Your rights end where my nose begins. Whatever he (Yati) says, you cannot go to social media.”
The senior advocate representing Zubair clarified that his posts were only meant to highlight provocative speeches like those of Yati Narsinghanand.
The counsel also pointed out that the Supreme Court had earlier combined various FIRs filed against Zubair for similar reasons.
The complaint in this case was filed by Udita Tyagi, General Secretary of the Yati Narsinghanand Saraswati Trust.
She alleged that Zubair shared a video clip from an earlier event involving Narsinghanand on October 3, which according to her, was done with the intent to incite people against him.
The FIR was registered under several sections of the BNS, including Section 196 (promoting enmity between groups based on religion), Section 228 (fabrication of false evidence), Section 299 (deliberate acts to insult religious sentiments), Section 356(3) (defamation), and Section 351(2) (criminal intimidation).
The Additional Advocate General for Uttar Pradesh claimed that Zubair’s post misrepresented the religious leader’s statement and created unrest.
He stated,
“The right to freedom of speech is not absolute and can be curtailed under Article 19(2) of the Constitution.”
He further informed the court that a lookout notice had been issued against Zubair.
In response, Zubair argued that his post did not aim to insult any religious belief and alleged that the case was filed with the intent to harass him.
The court previously remarked,
“From the reading of the FIR, an offence under Section 196 BNS is made out; however, whether Section 152 BNS is made out against him or not is to be seen.”
Now, all eyes are on the Allahabad High Court as it prepares to decide whether the FIR against Mohammed Zubair will be quashed or whether the investigation will move forward.
CASE TITLE:
Mohammed Zubair v State & Ors.
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