Institute of Legal and Management Studies

The Allahabad High Court today refused to quash an FIR against Alt News co-founder Mohammed Zubair over his tweets ('X' Posts) on Yati Narsinghanand's 'derogatory' speech.

The Court, however, extended the interim protection against arrest to him during the course of the investigation.

A bench of Justice Siddhartha Varma and Justice Dr. Yogendra Kumar Srivastava, passed this order as it observed that a fair probe was required in the matter.

The Court has also restrained him from leaving the country pending investigation in the case.

Zubair is facing an FIR lodged by the Ghaziabad Police in October 2024, accusing him of promoting enmity among religious groups following a complaint by an associate of controversial priest Yati Narsinghanand. Zubair has moved the HC, challenging the FIR, under which the offence of Section 152 BNS [Act endangering sovereignty, unity and integrity of India] was added later on.

It is Zubair's case that by posting a thread of videos on October 3 featuring Yati Narsinghanand's and later sharing other tweets with his various controversial speeches, Zubair aimed to highlight Narsinghanand's 'provocative' statements and urge the police authorities to take strict action against him.

The complainant, Udita Tyagi, on the other hand, blamed Zubair for sharing Yati's old video clips with the intent of inciting violence by Muslims. She also alleges that due to Zubair's tweets, violent protests were held at Dasna Devi Mandir in Ghaziabad.

During the Course of the hearing in the matter, the UP Government defended the FIR by arguing that Zubair had created a narrative through his X posts and attempted to incite the public. The timing of his 'X' posts was also questioned, claiming that he had added fuel to the fire.

It was also argued that his X posts contained half-baked information and they damaged and threatened India's sovereignty and integrity.

Zubair, on the other hand, claimed that his posts were made as part of his professional obligation as a fact checker and that such posts do not amount to any offence under the Bharatiya Nyaya Sanhita or the Indian Penal Code. It was also contended by him that he was exercising his freedom of speech by highlighting Narsinghanand's conduct, and not just him, but many news articles and social media accounts had posted about the same issue.

Reports on the hearings in the matter

'Critiquing Govt A Part Of Freedom Of Speech, Judiciary Also Open To Criticism': Allahabad HC Remarks Orally On Zubair's FIR Quashing Plea

'X' Posts Case | 'Police Took Action Against Narsinghanand; Zubair Built Narrative, Tried To Incite People': UP Govt In Allahabad HC

Narsinghanand Case | Can A Citizen's Dissatisfaction With State Action Be Considered 'Subversive' Activity? : Asks Allahabad HC On Zubair's Plea

Yati Narsinghanand Case | Posted On 'X' As Part Of My Professional Obligation, No Offence Committed Under BNS/IPC: Mohd Zubair To Allahabad HC

Why Create Social Disharmony? : Allahabad HC Questions Mohd Zubair For Posting On 'X' About Yati Narsinghanand Speech Instead Of Filing FIR

Mohd Zubair's 'X' Posts With Half-Baked Info Threatened India's Sovereignty, Promoted 'Feeling Of Separatist Activity': UP Govt To Allahabad HC.

'Not A Dreaded Criminal': Allahabad HC Stays Arrest Of Mohd Zubair Till Jan 6 In Yati Narsinghanand 'X' Post Case