The Allahabad High Court declined to quash a First Information Report (FIR) filed against Mohammed Zubair, co-founder of the fact-checking outlet Alt News, concerning his social media posts on platform X about Hindutva priest Yati Narsinghanand’s alleged derogatory and hate speeches against Muslims, on Thursday.
The bench, comprising Justice Siddhartha Varma and Justice Dr. Yogendra Kumar Srivastava, however, extended interim protection from arrest to Zubair pending the ongoing investigation, while restraining him from leaving the country during this period.
The FIR, lodged by the Ghaziabad Police in October 2024, was initiated following a complaint by Udita Tyagi, an associate of Narsinghanand.
It accuses Zubair of promoting enmity among religious groups through his X posts, with charges later escalated to include Section 152 of the Bharatiya Nyaya Sanhita (BNS), which pertains to acts endangering India’s sovereignty, unity, and integrity.
The complainant alleged that Zubair’s posts, particularly a thread on October 3, 2024, featuring video clips of Narsinghanand’s provocative statements, were shared with the intent to incite violence by Muslims. Tyagi further claimed that these posts triggered violent protests at the Dasna Devi Mandir in Ghaziabad.
The Uttar Pradesh government, defending the FIR, argued that Zubair’s posts created a divisive narrative and added “fuel to the fire” by sharing selectively edited or “half-baked” content.
The state contended that the timing of his posts was calculated to inflame tensions, posing a threat to national sovereignty and integrity.
Zubair, in his defense, maintained that his posts were part of his professional duty as a fact-checker to highlight Narsinghanand’s inflammatory remarks and urge police action. He argued that his actions were protected under freedom of speech and noted that numerous news outlets and social media accounts had similarly reported on Narsinghanand’s conduct.
Zubair’s counsel emphasised that the posts did not constitute an offence under the Bharatiya Nyaya Sanhita or the Indian Penal Code.
The court, while refusing to dismiss the FIR, underscored the need for a fair investigation into the matter. The bench’s decision to extend interim protection ensures Zubair remains shielded from arrest as the probe continues, though he is barred from international travel until further notice.
