The Allahabad High Court on Thursday refused to cancel the First Information Report (FIR) filed against Mohammed Zubair, the co-founder of fact-checking platform Alt News. The case is linked to his posts on social media platform 'X' (formerly Twitter), where he shared videos of controversial religious leader Yati Narsinghanand's alleged derogatory speeches.
While rejecting Zubair’s plea to quash the FIR, the division bench of Justice Siddhartha Varma and Justice Dr. Yogendra Kumar Srivastava emphasized the need for a fair investigation in the case. However, the Court gave Zubair relief by extending his interim protection from arrest during the ongoing probe.
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"A fair probe is required in the matter," the Court noted while delivering the order.
The High Court also imposed a travel restriction on Zubair, instructing him not to leave the country until the investigation concludes.
The FIR in question was registered by Ghaziabad Police in October 2024 after a complaint by Udita Tyagi, an associate of Yati Narsinghanand. The charges against Zubair include Section 152 of the Bharatiya Nyaya Sanhita (BNS), which deals with acts that may threaten the sovereignty, unity, and integrity of India.
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Zubair, in his defense, told the Court that his intention was not to incite violence but to draw attention to Narsinghanand’s provocative remarks and demand legal action against him. He argued that his posts were part of his responsibility as a fact checker.
"My posts aimed to highlight hate speech and call for action. They were within the limits of freedom of expression," Zubair told the Court.
The complainant, however, accused Zubair of deliberately sharing old videos to provoke unrest, particularly among Muslims. She claimed that violent protests erupted near the Dasna Devi Temple in Ghaziabad following Zubair’s posts.
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During the hearing, the Uttar Pradesh government defended the FIR, stating that Zubair tried to build a provocative narrative by selectively posting video clips. The state also raised questions about the timing of the posts, alleging that they were intended to escalate tension.
"The posts contained incomplete information and threatened national integrity," the UP Government's counsel argued.
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Zubair responded that his posts were based on verified public content and had already been covered by several media houses and other social media users. He stressed that his actions did not amount to any criminal offence under either the BNS or the Indian Penal Code.
"It was a professional duty. I didn't fabricate anything or incite violence. Others shared the same content too," Zubair clarified.
With the High Court’s refusal to dismiss the FIR and its directive for a detailed probe, the legal process in the matter will now move forward under judicial supervision.
