On Wednesday, the Allahabad High Court is reviewing a petition filed by Alt News journalist Mohammed Zubair challenging an FIR lodged against him. The case stems from allegations of inciting violence through social media posts. The investigating officer (IO) recently informed the Court that additional charges, including Section 152 of the Bharatiya Nyaya Sanhita (BNS), have been added to the FIR.
In the present case, the FIR was filed following a complaint by Udita Tyagi, General Secretary of the Yati Narsinghanand Saraswati Foundation, alleging that Zubair shared an old video of Yati Narsinghanand, the priest of Ghaziabad’s Dasna Devi Temple, with the intent to incite violence. The controversy arose after Zubair labelled Narsighanand’s public speech as “derogatory and hateful” in a tweet. Narsinghanand, who has faced multiple FIRs for hate speech, denied any involvement in the alleged incitement. The FIR against Zubair included sections of the Bharatiya Nyaya Sanhita, such as Section 196 (promoting enmity on religious grounds), Section 299 (outraging religious feelings) and Section 356(3) (defamation), alongside others. The charges were later expanded to include Section 152 of the BNS, addressing actions endangering the sovereignty and integrity of India, and Section 66 of the IT Act.
During a recent hearing, the Court directed the investigating officer to submit a detailed affidavit specifying the penal sections invoked against Zubair. The affidavit revealed the addition of Section 152 of the BNS, which penalises acts that incite rebellion or threaten national integrity with punishments ranging from life imprisonment to a seven-year and a fine.
The High Court acknowledged the amendment to the FIR and scheduled the next hearing for December 3. The bench also noted the contentious nature of the allegations and emphasized the importance of due process. Zubair, in his plea, argued that the FIR was filed to suppress his efforts to expose Narsinghanand’s communal and derogatory remarks. He also highlighted a social media post by the complainant admitting that the FIR was filed as a “publicity stunt”.
The case raises significant concerns about the balance between free speech and accountability, as well as the use of criminal proceedings to address contentious social issues. The court is expected to delve further into these issues in the upcoming hearing.
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