The fact-checker faces an FIR by UP Police for sharing a video clip on social media featuring Hindutva leader Yati Narsinghanand
Team Clarion
NEW DELHI – The Allahabad High Court bench of Justices Mahesh Chandra Tripathi and Prashant Kumar on Tuesday recused itself from hearing Alt News cofounder and fact-checker Mohammed Zubair’s plea seeking protection from arrest in a case filed by supporters of Yati Narsinghanand, the priest of Ghaziabad’s Dasna Devi Temple.
A First Information Report (FIR) was filed against Mohammed Zubair by Ghaziabad Police in October this year.
The recusal will necessitate the constitution of another bench to hear the case, reflecting procedural norms in sensitive legal matters.
The case involves allegations of inciting violence and promoting enmity through a video clip shared on social media that featured Yati Narsinghanand. The FIR was filed after the clip allegedly led to communal tensions and an attack at the Ghaziabad temple, a Bar and Bench report said.
Zubair’s legal team argued that sharing publicly available content does not constitute incitement or defamation.
The FIR initially included charges under various sections of the Indian Penal Code, such as promoting enmity and criminal defamation, but it was later amended to include Section 152 of the Bharatiya Nyaya Sanhita (BNS), a non-bailable offence concerning acts endangering the country’s sovereignty and unity.
During an earlier hearing, the officer investigating the matter informed the court that the offence of endangering the sovereignty, unity and integrity of India under Section 152 of the BNS, has been included in the FIR filed against Zubair.
On September 29, Narsinghanand, infamous for making speeches targeting Islam and Muslims, delivered a public speech in which he allegedly made remarks against Prophet Muhammad (peace be upon him). Zubair posted a tweet on X calling the speech “derogatory and hateful”.
Several FIRs were then registered against Narsinghanand in Uttar Pradesh, Maharashtra and Telangana for inciting communal hatred and hurting religious sentiments. Subsequently, there were protests at the Dasna Devi Temple.
The FIR against Zubair stems from a complaint filed by Udita Tyagi, General Secretary of the Yati Narsinghanand Saraswati Foundation.
It alleged that on October 3, Zubair shared an old video clip of Narsinghanand with the intent to incite violence.
A complaint was lodged by Tyagi blaming Zubair, Jamiat Ulama-i-Hind chief Arshad Madani and All India Majlis Ittehadul Muslimeen supremo Asaduddin Owaisi for inciting violence.
Zubair had moved the high court against the FIR, seeking protection from arrest.
