The Allahabad High Court has granted interim protection from arrest to journalist Mohammed Zubair while deliberating on allegations tied to a controversial tweet he posted. The Court observed that the accusation of promoting enmity under Section 196 of the Bharatiya Nyaya Sanhita (BNS) appears largely substantiated, but questions remain about whether the charges under Section 152, which involves acts threatening national sovereignty, hold weight.
The First Information Report (FIR) against Zubair stems from a tweet he shared, labeling a speech by Yati Narsinghanand—head priest of Ghaziabad’s Dasna Devi Temple—as “derogatory and hateful.” The speech, delivered in late September, allegedly targeted Prophet Muhammad and sparked multiple FIRs against Narsinghanand across Uttar Pradesh, Maharashtra, and Telangana. Protests subsequently erupted, leading to further tensions at the Dasna Devi Temple.
The complaint against Zubair, filed by Udita Tyagi of the Yati Narsinghanand Saraswati Foundation, claims his October tweet incited violence by circulating an old video of the priest. Tyagi also implicated other public figures in the unrest, accusing them of fueling discord.
During proceedings, Zubair’s counsel argued that his comments were critical of administrative inaction rather than efforts to instigate separatism or rebellion. Highlighting nuances in Section 152 of the BNS, the defense contended that the allegations lacked substance to prove threats to India’s sovereignty or unity. The State, however, maintained that Zubair’s tweets had disrupted communal harmony and might incite separatist sentiments, citing widespread dissemination of the post as evidence.
The Bench of Justice Siddhartha Varma and Justice Nalin Srivastava noted the complexity of the case, granting the State and the complainant three weeks to file counter affidavits. In the meantime, Zubair was instructed to cooperate with the investigation, surrender his passport, and refrain from traveling abroad.
The case will next be heard on January 6, 2025, as the Court continues to assess whether the accusations under Section 152 align with the legal threshold for endangering national integrity.
