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NEW DELHI: The Allahabad High Court was informed that Section 152 of the Bharatiya Nyaya Sanhita (BNS), concerning offences against the sovereignty, unity, and integrity of India, has been added to the FIR against Mohammad Zubair, co-founder of fact-checking platform Alt-News.
The FIR stems from a social media post by Zubair on platform X (formerly Twitter), where he called a speech by Yati Narsinghanand, allegedly containing derogatory remarks against Prophet Muhammad, “hateful.”
The speech led to multiple FIRs against Narsinghanand for inciting communal hatred and hurting religious sentiments. Protests ensued at the Dasna Devi Temple, with claims from Narsinghanand’s aides that he had been detained, though Ghaziabad Police denied the arrest.
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A complaint by an official of the Yati Narsinghanand Saraswati Foundation alleged that Zubair’s post, which shared an old video clip of Narsinghanand, aimed to incite violence. The complaint also implicated Arshad Madani and Asaduddin Owaisi, linking them to protests at Dasna Devi Temple.
The FIR against Zubair includes charges of promoting enmity on religious grounds and outraging religious sentiments under various sections of the BNS. Additionally, Sections 66 of the IT Act and 152 of the BNS have been included.
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Zubair has sought protection from arrest in the High Court, arguing that his post merely highlighted repeated communal remarks by Narsinghanand. He claims the FIR is a retaliatory move to obstruct his exposure of Narsinghanand’s alleged activities.
During a recent hearing, the High Court directed the investigating officer (IO) to submit an affidavit detailing the specific penal sections applied. The IO confirmed the addition of new sections to the FIR. The court allowed this amendment and scheduled the next hearing for December 3.
The case underscores ongoing tensions between freedom of expression and allegations of communal incitement in India.
