On 18th December, the Allahabad High Court questioned Alt-News co-founder and propagandist Mohammed Zubair about his intent behind the social media posts he made regarding the alleged speech by Yati Narsinghanand. The court questioned why Zubair took to X instead of filing a complaint and accused him of creating ‘social disharmony’. The court was hearing a plea filed by Zubair against the FIR accusing him of promoting enmity via social media posts.
‘Creating unrest instead of filing an FIR’
A division bench comprising Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra observed that Zubair’s actions appeared to foster social disharmony. Justice Varma remarked, “If this person [Narsinghanand] is acting funny, then instead of going to the police, will you act more funny? If you don’t like his speech, you should file an FIR against him.”
Justice Varma : If this person (referring to Yati Narsinhanand) is acting funny instead of going to the police, will you act more funny?
— Live Law (@LiveLawIndia) December 18, 2024
Sr Adv : Your lordship may have the speech.
Justice Varma : Have you lodged an FIR (against Yati)? I will look at your (Zubair) conduct…If…
The court further expressed dismay over the fact that Zubair took to social media to amplify the alleged speech by Yati Narsinghanand instead of taking legal remedies. Justice Varma said, “Come to the court then… You will go to social media and create social disharmony? Glancing at the tweet shows that you are trying to create unrest.”
Sr Adv : There is an FIR on which no action was taken.
— Live Law (@LiveLawIndia) December 18, 2024
Justice Varma : Come to the court then… you will go to social media handle… create social disharmony?
Sr Adv : There is freedom of speech…
Justice Varma : Your rights end where my nose begins. Whatever he (Yati) says,…
Zubair’s counsel invokes ‘freedom of speech’
When the court asked why Zubair took to X instead of pursuing legal remedies, his counsel argued that the “journalist” was exercising his “constitutional right to freedom of speech” by highlighting the speech by Narsinghanand. He further claimed that the FIR against Narsinghanand was filed only three hours before Zubair’s post and that he was not aware of the development against the priest.
However, Justice Varma was not satisfied with the argument and questioned whether social media could replace legal remedies. He asked, “Is there any law that permits an individual to resort to Twitter instead of approaching the court?”
State says Zubair attempted incitement
The Additional Advocate General (AAG) for Uttar Pradesh argued that Zubair distorted Narsinghanand’s remarks in his post and provoked lawlessness. The AAG said, “The right to freedom of speech is not absolute and can be curtailed under Article 19(2) of the Constitution.” He added that Zubair’s post incited unrest and informed the court that a lookout notice had been issued against him.
FIR against Mohammed Zubair
The FIR against Zubair was registered based on the complaint of the general secretary of the Yati Narsinghanand Saraswati Trust, Udita Tyagi. The complainant accused Zubair of promoting enmity under various sections of the Bharatiya Nyaya Sanhita (BNS). Tyagi stated in the complaint that the post made by Zubair on 3rd October included edited clips of a speech given by Narsinghanand and was intended to provoke violence.
Earlier on 3rd December, High Court bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar declined to hear and ordered to refer the case to another bench. The official looking into the case told the court during the last hearing that Zubair’s First Information Report (FIR) included the charge of damaging India’s sovereignty, unity and integrity under Section 152 of the Bharatiya Nyaya Sanhita (BNS). The FIR was registered in response to a complaint made by supporters of Yati Narsinghanand, regarding a tweet Zubair posted on X (formerly Twitter). The Yati Narsinghanand Saraswati Foundation’s general secretary, Udita Tyagi, submitted the complaint that led to the official complaint.
According to Tyagi, Zubair posted an old video clip of Narsinghanand on 3rd October with the intention of inciting violence against him. The accusation further alleged that Zubair provoked extremist views against the priest by posting manipulated video of his allegedly controversial remarks about Prophet Muhammad.
She lodged a complaint accusing Asaduddin Owaisi, Arshad Madani and Zubair of instigating violent protests at Dasna Devi Mandi. Sections 196 (inciting animosity on religious grounds), 228 (creating false evidence), 299 (inciting religious sentiments by disparaging religion or religious beliefs), 356(3) (defamation), and 351(2) (criminal intimidation) of the BNS were then invoked by the Ghaziabad Police to charge Zubair. The offense under Section 152 of the BNS was later added as well.
The matter has been adjourned for the next hearing on 20th December.
