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Synopsis

The Allahabad High Court on March 3, 2025, reserved its judgment on a petition filed by Alt News co-founder Mohammed Zubair, seeking to quash the FIR registered against him by the Uttar Pradesh Police over his social media posts criticizing the authorities' inaction against Dasna Devi Temple priest Yati Narsinghanand.

The bench of Justice Siddhartha Varma and Justice Yogendra Kumar Srivastava, after hearing arguments from both sides, reserved its verdict while extending Zubair’s interim protection from arrest.

he FIR against Zubair was filed by Udita Tyagi, general secretary of the Yati Narsinghanand Saraswati Trust, alleging that his's post on social media incited violence among Muslims against the controversial priest.

Tyagi lodged a complaint after Zubair's posts on X (formerly Twitter) in October 2024. According to the complaint, his widely shared tweets incited tensions, leading to a gathering at the temple on October 4, where the priest reportedly escaped an attack. Tyagi alleged that Zubair had posted a video clip of an old program featuring Narsinghanand, which purportedly incited violence among Muslims against the controversial priest.

Seeking relief before the high court, Zubair contended that his tweets merely called attention to the authorities’ inaction against the priest, who himself had been the subject of multiple FIRs for hate speech. He argued that his posts did not incite violence or threaten public order. The State, however, countered that Zubair’s selective sharing of content heightened religious tensions, culminating in the violent episode at the temple.

On December 20, the court had observed that while the prima facie allegations against Zubair under Section 196 of the Bharatiya Nyaya Sanhita (BNS) might have some basis, it expressed doubts over the applicability of Section 152, which pertains to acts promoting secession or subversive activities. The bench had then stressed the need for a detailed examination of the tweets to determine whether they could genuinely be construed as separatist or seditious. At that time, the court had granted Zubair interim protection but directed him to surrender his passport and refrain from leaving the country.

The original FIR invoked multiple sections of the BNS, including 196 (promoting enmity between groups), 228 (fabricating false evidence), 299 (outraging religious feelings), 356(3) (defamation), and 351(2) (criminal intimidation). Later, the Ghaziabad police added Section 152 (endangering sovereignty and integrity of India) and Section 66 of the Information Technology Act to the charges.

Case Title: Mohammed Zubair Vs. State Of Uttar Pradesh And 3 Others