The Allahabad High Court has been informed that Section 152 of the Bharatiya Nyaya Sanhita, concerning acts threatening India’s integrity, has been added to the FIR against Mohammed Zubair, co-founder of Alt News. Zubair’s tweet about Yati Narsinghanand’s communal comments led to charges of inciting violence. The case raises significant free speech issues.
Allahabad: The Allahabad High Court was informed on Wednesday that Section 152 of the Bharatiya Nyaya Sanhita (BNS), addressing acts endangering India’s sovereignty, unity, and integrity, has been added to the FIR filed against Mohammed Zubair, co-founder of Alt News. The case stems from a tweet Zubair posted on X (formerly Twitter), highlighting communal remarks made by Yati Narsinghanand, the priest of Ghaziabad’s Dasna Devi Temple.
The investigating officer (IO) submitted an affidavit to the High Court stating that, along with Section 152 of the BNS, Section 66 of the Information Technology Act has also been added to the charges. The FIR, initially registered based on a complaint by Udita Tyagi, General Secretary of the Yati Narsinghanand Saraswati Foundation, accuses Zubair of inciting violence through his tweet.
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The tweet in question shared an old video of Narsinghanand, who has been previously accused of hate speech. Zubair described the speech as “derogatory and hateful.” Following this, protests erupted at the Dasna Devi Temple. Tyagi alleged that Zubair’s tweet was intended to provoke violence against Narsinghanand.
The FIR against Zubair invokes several sections of the BNS, including:
- Section 196: Promoting enmity on religious grounds.
- Section 228: Fabricating false evidence.
- Section 299: Outraging religious feelings.
- Section 356(3): Defamation.
- Section 351(2): Criminal intimidation.
Zubair’s plea to the High Court asserts that his tweet aimed to expose “Narsinghanand’s repeated communal remarks and derogatory comments about women and senior politicians.” The plea also alleges that Tyagi publicly admitted on X that filing the FIR was a “publicity stunt” and even thanked followers for their support in the act.
The controversy follows a speech by Narsinghanand on September 29, where he allegedly made inflammatory remarks against Prophet Muhammad. Zubair’s tweet brought attention to the remarks, leading to FIRs against Narsinghanand in states like Uttar Pradesh, Maharashtra, and Telangana. Narsinghanand’s aides claim he was detained by police, though the Ghaziabad Police denies this.
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Zubair has argued that the FIR is a “malicious attempt to silence him” and prevent him from exposing Narsinghanand’s actions.
The High Court directed the state to clarify the penal sections under which Zubair has been charged and permitted the amendment of the FIR. The case will next be heard on December 3.
This legal battle has sparked debates on freedom of speech, the role of journalists in holding public figures accountable, and the use of legal provisions to suppress dissent.
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