HC: ‘Not a Dreaded Criminal’ — Zubair Gets Arrest Stay Over Social Media Post Case

The Allahabad High Court on Friday stayed the arrest of Mohammed Zubair, co-founder of fact-checking platform Alt News, until January 6. Zubair is under investigation following an FIR lodged against him over his social media posts related to alleged inflammatory remarks made by Yati Narsinghanand, the priest of Dasna Devi Temple.

The bench, comprising Justice Siddhartha Varma and Justice Nalin Kumar Srivastava, noted that Zubair is “not a dreaded criminal” and granted interim relief while instructing him not to leave the country and to cooperate with the ongoing investigation. The court will hear further arguments on January 6, after the Uttar Pradesh government files its detailed response, according to a report by Live Law.

Government’s Argument Against Zubair

During the hearing, the Uttar Pradesh government, represented by Additional Advocate General Manish Goyal, contended that Zubair’s posts presented “half-baked information” and posed a threat to India’s sovereignty and integrity. Goyal argued that the posts were intended to provoke violence and promote separatist sentiments.

The FIR was lodged by Udita Tyagi, general secretary of the Yati Narsinghanand Saraswati Trust. The complaint accuses Zubair of inciting violence through his social media posts and cites violations under various sections, including Section 152 of the Bharatiya Nyaya Sanhita.

Background of the Case

The controversy began on October 3, when Zubair posted videos of Narsinghanand allegedly making inflammatory remarks about Prophet Muhammad. In his posts, Zubair tagged the Uttar Pradesh Police and questioned the lack of action against Narsinghanand. The complainant claimed these posts were aimed at inciting violence and sparking protests against the priest at the Dasna Devi Temple.

Zubair’s Defence

Zubair’s legal team argued that his posts were within his constitutional right to freedom of speech. His counsel stated that Zubair was drawing attention to Narsinghanand’s remarks, which had already been covered by news outlets and social media. They dismissed the allegations of provocation as baseless and labeled the FIR as a publicity stunt by the complainant.

The defence further pointed out that there were no prohibitory orders against posting about Narsinghanand’s speech at the time.

The court directed the Uttar Pradesh government to submit a detailed counter-affidavit by January 6, when the matter will be heard next following the court’s winter recess.