‘Offences Could Be Made Out’: Allahabad HC Refuses to Quash FIR Against Zubair, Bars Arrest
In a significant order, the Allahabad High Court on May 22, 2025, refused to quash the First Information Report (FIR) against Alt News co-founder Mohammed Zubair, but granted him protection from arrest, holding that "a bare reading of the first information report definitely show that to a large extent the offences could be made out".
The bench of Justices Siddhartha Varma and Dr. Y.K. Srivastava observed, however, ordered that even though the investigation may continue, Zubair shall not be arrested or harassed in any manner in pursuance of the FIR dated October 7, 2024.
"Definitely mere lodging of a First Information Report would not call for an immediate arrest," court said.
Court clarified that it passed this order to ensure that no injustice is caused to Zubair, in the event he is found to be innocent after the investigation.
However, it directed that till the investigation is going on, Zubair shall not leave the country.
The FIR was lodged on October 7, 2024, at Kavi Nagar police station in Ghaziabad, after Zubair tweeted a video of religious leader Yati Narsinghanand Giri’s alleged hate speech on October 3, followed by further posts on October 4 and 5. The FIR claimed that these posts provoked a group attack on Dasna Devi temple on the night of October 4.
Initially registered under multiple BNS sections (196, 228, 299, 356(3), 351(2)), and Section 66 of the IT Act, Section 152 was added later. Zubair approached the high court seeking quashing of the FIR, terming it a misuse of process aimed at stifling dissent.
However, the high court opined that even if Zubair was tweeting truncated version of the speech of Yati Narasinghanand Giri, he was definitely trying to convey the gist of the speech of his and wanted State action against him and in this process whether secession or armed rebellion could be brewed is not for the court to judge. "The investigating agencies would be better equipped in these days with modern technologies to look into the allegations made," it held.
Regarding invocation of Section 152 BNS, court said that "definitely the provisions of section 152 BNS are a shield for the State against any kind of seditious activity of any individual. Whether it was being used to gag the voice of anyone commenting on the way the State was functioning would again be a subject matter of investigation".
Court emphasised that India is a country which has a variety of religions, tribes and races and they have all merged together and are very peacefully living together. Whether restraint was being exercised by Zubair would be something which would have to be looked into by the investigating agencies.
Court pointed out that Zubair is an influential person and the tweets which he made, if they were misunderstood by a certain section of the people, it could definitely affect a fairly large number of people of the country.
Case Title: Mohammed Zubair vs State of UP and Another
Download judgment here