Allahabad High Court hearing in Mohammed Zubair’s case: Section 152 of BNS added to FIR

Zubair filed a petition in the High Court seeking protection from arrest, arguing his tweet, which responded to Narsinghanand's remarks on Prophet Muhammad, was meant to highlight communal hate speech and not promote it

Published Nov 27, 2024 | 10:53 PMUpdated Nov 27, 2024 | 10:53 PM

Allahabad High Court hearing in Mohammed Zubair's case: Section 152 of BNS added to FIR

The ongoing case involving Alt News co-founder Mohammed Zubair has escalated with the addition of Section 152 under the Bharatiya Nyaya Sanhita (BNS) to the First Information Report (FIR) filed against him. 

This follows a complaint from supporters of Yati Narsinghanand, the priest of Dasna Devi Temple in Ghaziabad, over a tweet posted by Zubair.

On 25 November, during a hearing at the Allahabad High Court, the investigating officer informed the court about the inclusion of two new sections: Section 66 of the Information Technology Act and Section 152 of the BNS. 

The latter concerns endangering the sovereignty, unity, and integrity of India. The High Court permitted the amendment to the FIR and scheduled the next hearing for 3 December.

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The case 

Zubair had filed a petition in the High Court seeking protection from arrest, arguing that his tweet was intended to highlight communal hate speech by Narsinghanand. The tweet was a response to Narsinghanand’s controversial remarks about Prophet Muhammad.

In his petition, Zubair contended that the FIR against him was malicious, aiming to obstruct his work exposing communal hate speech.

In his social media posts, Zubair emphasised that the FIR was part of a concerted effort to target him for exposing the hate speech and criminal activities of Narsinghanand, who has been charged multiple times for inciting communal violence.

The FIR filed by Udita Tyagi, General Secretary of the Yati Narsinghanand Saraswati Foundation, accused Zubair of sharing a video clip of Narsinghanand with the intent to incite violence. 

The Ghaziabad Police charged Zubair with various sections of the BNS, including promoting religious enmity, fabricating false evidence, and outraging religious feelings.

According to Bar and Bench, Zubair’s legal team argued that the case is politically motivated, with the aim of silencing his criticism of Narsinghanand and other individuals involved in promoting hate. 

The case has drawn attention due to the controversial application of Section 152 of the BNS, which is seen as a modern version of colonial-era sedition laws. Critics fear that such laws are being misused to suppress dissent and stifle free speech.

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Co founder of alt news speaks out 

Pratik Sinha, co-founder of Alt News, voiced strong concerns over the weaponisation of this law, calling it an attempt to intimidate journalists and independent media organisations. 

In a statement on X, Sinha expressed solidarity with Zubair, asserting that this case is part of a broader effort to silence those challenging misinformation and hate speech in India.

The High Court’s directive to the investigating officer to clarify the charges and provide a detailed affidavit has brought increased scrutiny to the case. 

Zubair’s supporters, including journalists, fact-checkers, and human rights advocates, have rallied behind him, calling the charges politically motivated and an assault on independent journalism.

(Edited by Ananya Rao)

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