The Allahabad High Court on Thursday (May 22) granted interim protection from arrest to propaganda portal Alt News co-founder Mohammed Zubair in a criminal case filed against him for inciting religious enmity through a post on social media platform X (formerly Twitter) relating to Mahant Yati Narsinghanand’s controversial speech. However, the bench, comprising Justice Siddhartha Varma and Justice Dr. Yogendra Kumar Srivastava, declined to quash the First Information Report (FIR), observing that the matter warranted a fair and thorough investigation.
The FIR in question was registered in October 2024 at the Web City police station in Ghaziabad, based on a complaint filed by BJP leader Dr. Udita Tyagi. Tyagi alleged that Zubair, by sharing an old video clip of Yati Narsinghanand on October 3, 2024, had deliberately incited religious sentiments with the intent to provoke Muslims.
The video, in which Narsinghanand reportedly made derogatory remarks against Prophet Muhammad, went viral on social media and allegedly triggered violent protests outside the Dasna Devi Temple in Ghaziabad on October 5, where a mob of Islamists attempted to attack the temple premises.
In her complaint, Tyagi accused Zubair of playing a direct role in instigating the violence, claiming that his posts were not merely informative but aimed at stirring communal unrest. The FIR invoked multiple provisions of the Bharatiya Nyaya Sanhita, 2023, including Sections 196 (promoting enmity between religious groups), 228 (fabricating false evidence), 299 (outraging religious feelings), 356(3) (defamation), and 351(2) (criminal intimidation). Later, Section 152 (for acts endangering the sovereignty, unity, and integrity of India) of the BNS and Section 66 of the Information Technology Act were also added.
During the hearing, the Uttar Pradesh government robustly defended the FIR, asserting that Zubair’s posts contained “half-baked information” and constituted an attempt to create a polarising narrative.
Government counsel argued that the timing of Zubair’s posts, especially in the volatile context of communal sensitivities, had the effect of inciting violence and undermining national integrity.
Zubair, however, maintained that his actions were within the bounds of law and protected under the right to freedom of speech. He told the court that as a journalist and fact-checker, he merely highlighted Narsinghanand’s provocative and inflammatory remarks, which were already in the public domain and had been reported by various media outlets.
According to Zubair, the intent behind his posts was to draw the attention of police and enforcement agencies toward hate speech and demand accountability, not to incite unrest.
While the High Court acknowledged the seriousness of the allegations, it refrained from quashing the FIR at this stage, emphasising that investigative processes should not be curtailed prematurely. Nonetheless, the court directed that Zubair shall not be arrested during the pendency of the investigation, thereby granting him interim relief.
