Zubair faces HC query on sharing Narsinghanand’s hate speech instead of lodging an FIR
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In a case filed against Alt News co-founder Mohammed Zubair for posting a hate speech by Yati Narsinghanand, which reportedly called for burning an effigy of the Prophet, on social media, the Allahabad High Court questioned Zubair on why he chose to share it on social media instead of filing a complaint with the police, further examining his intention and whether it was aimed at inciting violence.
The case pertains to a plea by Zubair seeking to quash an FIR registered against him for a post on X (formerly Twitter) concerning a hate speech by Yati Narsinghanand, head priest of Dasna temple in Ghaziabad.
The division bench, led by Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra, raised questions about Zubair’s approach, suggesting that legal recourse should have been prioritised. The bench expressed reservations about using social media to address issues that could potentially instigate disharmony and unrest.
Zubair’s senior counsel argued that the post in question was an exercise of the right to freedom of speech and was consistent with other reactions on social media regarding the speech by Narsinghanand. However, the court appeared unconvinced and stressed that such matters should be reported to the authorities or brought before the court rather than being aired on public platforms.
The court also questioned the applicability of Section 152 of the Bharatiya Nyay Sanhitha (BNS), which pertains to actions threatening the sovereignty and integrity of India, in the FIR against Zubair. The State’s Additional Advocate General (AAG) argued that freedom of speech is not absolute and may be curtailed under Article 19(2) of the Indian Constitution.
The next hearing in the case is scheduled for December 20.
The controversy arose from a speech delivered by Yati Narsinghanand on September 29, in which he reportedly made provocative remarks, including a suggestion to burn effigies of Prophet Muhammad. This led to widespread criticism and FIRs being filed against him in various states, including Ghaziabad, Maharashtra, and Hyderabad.
Zubair had shared a video of the speech on social media, questioning the intent behind Narsinghanand’s comments and accusing him of inciting communal tensions. This prompted an FIR on October 7 by Udita Tyagi, general secretary of the Yati Narsinghanand Saraswati Foundation, accusing Zubair of attempting to provoke communal disharmony.
The FIR also mentioned Maulana Arshad Madani, principal of Darul Uloom Deoband, and AIMIM chief Asaduddin Owaisi. The charges against Zubair include promoting enmity on religious grounds, fabricating false evidence, outraging religious sentiments, and criminal intimidation under the BNS.