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Allahabad High Court extends stay on Mohammed Zubair’s arrest in X post case

The Allahabad High Court has once again granted relief to Alt News co-founder Mohammed Zubair, extending the stay on his arrest until February 27.

The extension relates to an FIR filed against him over an X post (formerly Twitter) concerning an alleged derogatory speech made by Yati Narsinghanand.

On Monday, the bench of Justice Siddhartha Varma and Justice Yogendra Kumar Srivastava heard arguments from both the government and Zubair’s defence. The matter had been previously delayed when the court could not conclude the hearing on February 19.

Additional Advocate General Manish Goyal, representing the government, argued Zubair’s X posts had the potential to incite public unrest. He contended that Zubair created a narrative by sharing these posts at a critical time, which could have fueled tensions.

Zubair’s counsel, Senior Advocate Dilip Kumar, countered that Zubair’s posts were part of his duty as a fact-checker, asserting that his actions fell under the ambit of his constitutional right to free speech and expression. He emphasized that such posts did not constitute an offence under the Indian Penal Code or the Bharatiya Nyaya Sanhita.

Zubair’s counsel further explained that the posts, which referred to Narsinghanand’s controversial speech, were aimed at highlighting the issue, an action that was not unique to Zubair. Many other news articles and social media accounts had shared similar content.

Zubair has been facing an FIR lodged by the Ghaziabad Police in October 2024, which accuses him of promoting enmity between religious groups. The complaint stems from an associate of Yati Narsinghanand. Zubair’s legal team has moved the High Court challenging the FIR, arguing that his posts did not violate any laws and were part of his efforts to urge authorities to take action against Narsinghanand.

The FIR includes Section 152 of the Indian Penal Code, an offence that deals with acts endangering the sovereignty, unity, and integrity of India. Zubair’s defence has maintained that his posts were simply a request for action against Narsinghanand, who made allegedly inflammatory remarks about Prophet Mohammad.

The complainant, Udita Tyagi, has accused Zubair of attempting to incite violence by sharing old videos of Narsinghanand’s speeches. She alleges that Zubair’s tweets led to violent protests at the Dasna Devi Mandir in Ghaziabad, a claim that Zubair’s legal team disputes.

The case is ongoing, and the Allahabad High Court will reconvene on February 27 to continue proceedings.

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