The Allahabad High Court has criticized Mohammed Zubair, co-founder of Alt News and self-proclaimed fact-checker, for his motives behind the social media posts related to an alleged speech by Yati Narsinghanand. The court questioned why Zubair chose to use the microblogging site X instead of filing a case, accusing him of inciting “social disharmony.” This came in response to a plea filed by Zubair challenging the FIR, which accuses him of promoting enmity through his posts.
A division bench, led by Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra, observed that Zubair’s actions appeared to contribute to social unrest. Justice Varma commented, “If this person (Narsinghanand) is making controversial statements, shouldn’t you file an FIR rather than escalate the situation?” He added, “If you don’t like the speech, file an FIR, instead of using social media to create further unrest.”
Justice Varma expressed frustration that Zubair had chosen social media to amplify the alleged speech instead of pursuing legal channels. He remarked, “Come to the court. Why create social disharmony through social media? A glance at your tweet shows you are inciting unrest.” Zubair’s lawyer argued that Zubair was merely exercising his “constitutional right to freedom of speech” by highlighting the speech, claiming he was unaware of the FIR filed against Narsinghanand just hours before his post.
Justice Varma was unconvinced by the defense, questioning whether social media could replace legal actions. He asked, “Is there any law that permits someone to use Twitter instead of approaching the court?”
The Uttar Pradesh Additional Advocate General (AAG) argued that Zubair had distorted Narsinghanand’s remarks to provoke unrest. The AAG noted that freedom of speech is not absolute and can be limited under Article 19(2) of the Constitution. He also informed the court that a lookout notice had been issued against Zubair.
FIR Against Zubair
The FIR against Zubair was filed following a complaint from Udita Tyagi, the general secretary of the Yati Narsinghanand Saraswati Trust. Tyagi accused Zubair of spreading enmity through his social media posts, particularly a tweet on October 3rd that featured edited clips of Narsinghanand’s speech, intended to incite violence.
Previously, on 3 December 2024, a bench led by Justice Mahesh Chandra Tripathi and Justice Prashant Kumar had declined to hear the case, referring it to another bench. The FIR includes charges under Section 152 of the Bharatiya Nyaya Sanhita (BNS) for endangering India’s sovereignty, unity, and integrity, following Zubair’s tweet. Tyagi’s complaint further alleges that Zubair’s post, featuring manipulated video clips of Narsinghanand’s controversial remarks about Prophet Muhammad, incited extremist views against the priest.
Tyagi also accused Zubair, along with Asaduddin Owaisi and Arshad Madani, of inciting violent protests at Dasna Devi Mandi. The complaint led to charges under various sections of the BNS, including inciting animosity on religious grounds, creating false evidence, and defamation. Section 152 was later added to the FIR. The next hearing is scheduled for 20 December 2024.
(With Inputs From Live Law)
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