The Allahabad High Court has refused to quash the FIR filed against Alt News co-founder Mohammed Zubair over his social media posts related to the controversial speech made by Yati Narsinghanand. However, the court has granted interim protection from arrest to Zubair during the ongoing investigation.
A division bench comprising Justice Siddhartha Varma and Justice Dr. Yogendra Kumar Srivastava passed this order, emphasizing the importance of a fair investigation in the matter.
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"A fair probe is required," the High Court observed, while choosing not to interfere with the FIR at this stage.
The Court has also directed that Zubair shall not leave the country until the investigation is completed.
The FIR in question was registered by the Ghaziabad Police in October 2024. It accuses Zubair of promoting enmity between religious groups. The complaint was filed by Udita Tyagi, an associate of Yati Narsinghanand. Initially booked under various sections, the FIR was later amended to include Section 152 of the Bharatiya Nyaya Sanhita (BNS), which deals with actions endangering the sovereignty, unity, and integrity of India.
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Zubair challenged the FIR, stating that his posts on X (formerly Twitter) were part of a video thread shared on October 3, where he featured Narsinghanand's speeches. He contended that his intent was to highlight the provocative nature of Narsinghanand's statements and to urge police action.
On the contrary, the complainant alleged that Zubair’s posts had the deliberate intent to incite violence, especially among the Muslim community. She further claimed that his tweets led to violent protests at the Dasna Devi Mandir in Ghaziabad.
During the court proceedings, the Uttar Pradesh Government defended the FIR and accused Zubair of attempting to create a false narrative through his posts. They questioned the timing of the posts and argued that they were meant to provoke unrest.
“The X posts were half-baked and intended to damage and threaten the sovereignty and integrity of India,” the State argued.
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Zubair, in his defense, stated that his posts were made in his professional capacity as a fact checker. He argued that he was simply exercising his freedom of speech and had not committed any offence under either the Bharatiya Nyaya Sanhita or the Indian Penal Code. He also pointed out that the same content was shared by multiple media houses and individuals on social media platforms.
“I was only fulfilling my duty to inform, just like many other news outlets and users who shared the same information,” Zubair stated.
The case now remains under investigation, with Zubair protected from arrest and restricted from international travel until further directions from the court.
Reports on the hearings in the matter
Chhattisgarh High Court Informed: Closure Report Filed in POCSO Case Against Mohammed Zubair
Allahabad High Court Extends Stay on Mohammed Zubair's Arrest Until February 27
Mohammed Zubair’s Arrest Stay Extended by Allahabad HC Till Feb 10 in Yati Narsinghanand X Post Case
