The Allahabad High Court on December 3 declined to hear a plea filed by propaganda portal Alt News’ co-founder and self-styled fact-checker Mohammed Zubair. The petition sought protection from arrest in a case filed by supporters of Yati Narsinghanand, the pujari of Dasna Devi mandir in Ghaziabad. The bench comprising Justices Mahesh Chandra Tripathi and Prashant Kumar recused itself within 20 minutes of the hearing and directed that the matter be referred to another bench.
The case stems from an FIR lodged against Zubair, which accuses him of undermining India’s sovereignty, unity, and integrity under Section 152 of the Bharatiya Nyaya Sanhita (BNS). The complaint was filed by Udita Tyagi, the general secretary of the Yati Narsinghanand Saraswati Foundation, alleging that Zubair’s tweet on X (formerly Twitter) incited violence and provoked extremism against Narsinghanand.
According to Tyagi’s complaint, Zubair posted an old video clip of Narsinghanand on October 3, purportedly showing him making inflammatory remarks about Prophet Muhammad. Tyagi claimed the video was manipulated to misrepresent Yati’s speech and to incite violence against him. She also accused Zubair, along with AIMIM chief Asaduddin Owaisi and Jamiat Ulema-e-Hind president Arshad Madani, of instigating violent protests targeting the Dasna Devi Temple.
The FIR, initially registered under Sections 196 (inciting animosity on religious grounds), 228 (creating false evidence), 299 (disparaging religion), 356(3) (defamation), and 351(2) (criminal intimidation) of the BNS, was later expanded to include Section 152.
Zubair filed a petition challenging the FIR, claiming it was an attempt to silence him. In his plea, he argued that his tweet aimed to highlight Narsinghanand’s frequent use of communal slurs and derogatory remarks targeting women and political figures. Zubair contended that the FIR against him was “malicious and ill-intentioned,” and that sharing videos already available in the public domain does not constitute defamation.
He also questioned the inclusion of Section 152, which criminalizes acts threatening India’s sovereignty and integrity, calling the charge baseless and an overreach by the authorities.
The controversy traces back to a public speech delivered by Narsinghanand on September 29, in which he allegedly made derogatory remarks about Prophet Muhammad. Zubair called out the speech as “hateful and derogatory” in his tweet, which sparked widespread outrage. FIRs were subsequently lodged against Narsinghanand in multiple states, including Uttar Pradesh, Maharashtra, and Telangana, for inciting communal hatred.
The pujari’s aides claimed he was briefly detained by the police after the speech, though the Ghaziabad Police denied these reports. Meanwhile, tensions escalated when the Dasna Devi Temple was allegedly attacked by individuals identified as Muslims. Police arrested three suspects who were found in possession of Aadhaar cards bearing Hindu names.
During the prior hearing, the court was informed that the investigation into Zubair’s actions was being conducted diligently. Officials emphasised the seriousness of the charges under Section 152, underscoring that the case involves issues of national unity and integrity.
However, the recusal of the bench on December 3 has added a new dimension to the legal battle. The case will now be assigned to another bench for further hearing, prolonging the legal uncertainty for Zubair.
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