Is Exposing Hate Speech 'Seditious'? UP Police Accuses Fact-Checker Mohammed Zubair of "Endangering India's Sovereignty"

Uttar Pradesh police have slapped serious charges, including the newly inducted Section 152 of the Bharatiya Nyaya Sangita (BNS)- endangering India’s sovereignty, unity, and integrity, against Mohammed Zubair, the co-founder of the fact-checking platform Alt News, as reported by ‘Bar and Bench’. This came to light after UP police in form of an affidavit informed Allahabad High Court on Wednesday detailing the sections they have levelled on Zubair against a complaint filed with Ghaziabad Police.

The charges stem from a social media post he shared featuring a video of controversial Hindu priest Yati Narsinghanand, who had allegedly made inflammatory remarks about Prophet Muhammad. Zubair had shared the video in form of a ‘thread’ on ‘X’ on October 3. Following that a case was registered by Gaziabad Police on the basis of a complaint filed by Dr Udita Tyagi, general secretary of the Yati Narsinghanand Saraswati Foundation. Initially the FIR had sections including Section 196 (promoting enmity between groups on religious grounds), Section 228 (fabricating evidence), Section 299 (outraging religious feelings), Section 356(3) (defamation), and Section 351(2) (criminal intimidation) of the new BNS law.

Complainant Tyagi accused Zubair of deliberately posting the video to incite violence against Narsinghanand from the Muslim community. The video in question was filmed during a public event in Ghaziabad on September 29, where Narsinghanand allegedly made derogatory remarks about the Prophet Muhammad and called for the burning of the Prophet’s effigies. This led to protests in several parts of Uttar Pradesh, with Muslims demanding action against the priest.

Zubair, however, denied the allegations, stating that his post was intended to highlight Narsinghanand’s history of inflammatory speeches, not to provoke violence. According to Bar and Bench, Zubair’s legal team argued that the video was part of an effort to bring Narsinghanand’s actions to public attention and call for legal accountability, especially since the priest was already on bail for similar charges when he made the recent remarks.

Zubair has filed a writ petition in the Allahabad High Court, seeking to quash the FIR and requesting protection from any coercive actions. In his petition, he stressed that his post did not incite violence but was aimed at exposing hate speech. The High Court has scheduled a hearing on December 3.

This is not the first FIR filed against Zubair. In June 2022, he was arrested over a 2018 tweet, which sparked widespread criticism from both national and international communities. His arrest was seen by many as an attempt to silence dissent and curtail the work of independent journalists and fact-checkers. He was granted bail by the Supreme Court in July 2024.

In response to the latest charges, Alt News released a statement expressing solidarity with Zubair. The organisation condemned the FIR as an example of “relentless legal intimidation,” aimed at stifling independent journalism. “This affidavit is yet another example of how state machinery is being used to intimidate individuals and organisations committed to exposing hate and misinformation. Alt News remains steadfast in our mission to uphold truth and accountability in public discourse. The case will be heard on Tuesday, and we stand in solidarity with Zubair as he faces this relentless legal intimidation. We urge all supporters of free speech, independent journalism, and fact-checking to continue standing with us in this fight”, read the Alt news statement.

India had ranked 159 out of the 180 nations in the Press Freedom Index as per the 2024 edition published by the organisation Reporters Without Borders.​