Zubair faces NSA charges by UP police for sharing Hindu seer’s hate speech

The UP police’s invocation of criminal laws, including those related to endangering India’s sovereignty, unity, and integrity, against fact-checker Mohammed Zubair, co-founder of the fact-checking platform Alt News, for a social media post about the hate speech of Hindu extremist leader Yati Narsinghanand, has raised questions about the misuse of laws.

An investigating officer informed the Allahabad High Court on November 27 that Section 152 of the Bharat National Security (BNS) Act, which pertains to actions threatening India’s sovereignty and integrity, had been added to the FIR against Zubair.

The FIR now also includes Section 66 of the Information Technology Act, dealing with computer-related offences, along with sections on promoting enmity, fabricating evidence, outraging religious sentiments, defamation, and criminal intimidation.

The Ghaziabad police had lodged the FIR in October following a complaint by Udita Tyagi, general secretary of the Yati Narsinghanand Saraswati Foundation. Tyagi alleged that Zubair shared an older video of Narsinghanand to provoke violence against him within the Muslim community. The video purportedly featured Narsinghanand making inflammatory remarks about Prophet Muhammad.

The controversy escalated earlier in the month when Narsinghanand allegedly incited individuals to burn effigies of the Prophet at an event in Ghaziabad on September 29. The incident sparked protests across Uttar Pradesh, with Muslim groups demanding action against the priest for his derogatory comments. At the time of these remarks, Narsinghanand was reportedly out on bail in a separate hate speech case, with conditions prohibiting him from promoting communal disharmony.

In response to the FIR, Zubair filed a writ petition in the Allahabad High Court, seeking protection from coercive action. He argued that his post merely sought to draw police attention to Narsinghanand’s statements and urged legal action against him.

Zubair contended that sharing publicly available videos of Narsinghanand’s statements did not constitute defamation and pointed to the priest’s violation of bail conditions by inciting communal discord.

The allegations against Zubair include claims that his actions endangered national unity and integrity under Section 152 of the BNS Act. This section prescribes penalties ranging from seven years to life imprisonment for acts that incite rebellion, promote separatism, or compromise India’s sovereignty.

Zubair’s arrest in June 2022 over a 2018 social media post had previously attracted widespread criticism from national and international media, civil society organisations, and opposition parties. Critics alleged that such actions were part of an effort to suppress dissent and target individuals and platforms exposing hate speech and misinformation.

Alt News has expressed its support for Zubair, condemning what it sees as continued legal harassment aimed at silencing voices challenging communal propaganda. The platform described the developments as an example of state machinery being weaponised against those working to counter misinformation and hate speech.

The High Court has scheduled the next hearing in Zubair’s case for December 3.