This case accuses Mr. Zubair of promoting enmity among religious groups, based on a complaint by an associate of controversial priest Yati Narsinghanand.
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Allahabad: The Allahabad High Court has extended interim protection until Feb 10th from arrest to journalist and fact-checker Mohammed Zubair in a case filed by the Uttar Pradesh Police.
A bench of Justice Siddhartha Varma and Justice Yogendra Kumar Srivastava extended the relief.
This case accuses Mr. Zubair of promoting enmity among religious groups, based on a complaint by an associate of controversial priest Yati Narsinghanand.
On 6th Jan, A bench of Justice Siddhartha Varma and Justice Yogendra Kumar Srivastava passed the order while hearing Zubair’s plea challenging the FIR. Earlier, on December 20, 2024, the High Court had stayed his arrest until January 6, observing, “he is not a dreaded criminal.”
In its six-page order, the court preliminarily noted, “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.”
Earlier, 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 journalist has been booked under multiple sections of the Bharatiya Nyaya Sanhita (BNS), including:
- Section 196: Promoting enmity between different groups on religious grounds.
- Section 228: Fabricating false evidence.
- Section 299: Deliberate and malicious acts intended to outrage religious feelings.
- Section 356(3): Defamation.
- Section 351(2): Punishment for criminal intimidation.
The case originates from a First Information Report (FIR) filed by Udita Tyagi, a priest at Dasna Devi Temple in Ghaziabad. According to the police, Mr. Zubair allegedly shared an old video clip of Yati Narsinghanand on October 3, with the intention of inciting violence against the religious leader.
In his plea, Mr. Zubair argued that his social media post did not incite violence. Instead, he stated that his intention was to bring Yati Narsinghanand’s actions to the attention of the authorities. Mr. Zubair emphasized:
“The post on X (formerly Twitter) did not call for violence against the religious leader. It merely alerted the police authorities about Mr. Narsinghanand’s actions and sought action as per law.”
He further contended that sharing the video, already available in the public domain, could not be construed as “promoting disharmony” or “ill-will” between groups.
Mr. Zubair’s plea also challenged the defamation charges, stating:
“Seeking action against the religious leader by sharing his own videos, which are already in the public domain, cannot amount to defamation.”
Background
The FIR alleges that Mr. Zubair’s actions were intended to create unrest. The video clip he shared reportedly featured controversial remarks by Yati Narsinghanand. However, Mr. Zubair maintains that his intent was to highlight the remarks and urge appropriate legal action.
The High Court’s decision to extend interim relief reflects its acknowledgment of the complexities involved in the case. The court’s direction to the State to file a detailed response indicates that further deliberations will follow before a final decision is made.
CASE TITLE:
Mohammed Zubair v State & Ors.
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