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Synopsis

The Allahabad High Court has granted interim protection from arrest to Mohammed Zubair, co-founder of Alt News, in connection with a criminal case alleging that his tweets incited communal discord and endangered public harmony. The court deferred a final decision on the matter, allowing time for detailed affidavits from all parties.

The controversy stems from a series of tweets by Zubair in October 2024, which reportedly criticized the inaction of the authorities against Dasna Devi Temple priest Yati Narsinghanand despite multiple FIRs against him. The FIR against Zubair alleged that these tweets, which were widely shared online, contributed to unrest at the temple on October 4, 2024, where a crowd gathered, and the priest narrowly escaped an attack.

Representing Zubair, senior advocate Dileep Kumar argued that the tweets merely highlighted police inaction and did not incite violence or subversive activities. Citing a 2022 Supreme Court order, he emphasized that restricting Zubair from expressing his opinions would infringe upon his constitutionally guaranteed freedom of speech. The defense underscored that Zubair's statements were consistent with his role as a journalist and fact-checker combating misinformation.

The state, however, contended that Zubair's selective tweets heightened religious tensions, leading to the violent incident at the temple. The prosecution also suggested that the influence of Zubair's social media presence exacerbated the situation, threatening communal harmony and national unity.

While the court acknowledged that prima facie allegations under Section 196 of the Bharatiya Nyaya Sanhita (BNS) might hold, it expressed reservations about charges under Section 152, which deals with acts promoting secession or subversive activities. The bench noted that a thorough examination of the tweets and their impact was necessary to determine whether they could genuinely be construed as separatist or inciting rebellion.

Given Zubair's prior legal history and the Supreme Court's precedent granting him bail in similar cases, the bench—comprising Justices Siddhartha Varma and Nalin Kumar Srivastava—directed that he not be arrested until the next hearing. However, Zubair was ordered to surrender his passport and refrain from leaving the country.

The case has been scheduled for further hearing on January 6, 2025, with the court seeking detailed affidavits from the State and the informant to clarify the legal questions surrounding the definition and scope of "separatist activities" under Indian law.

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