HC bench recuses itself from hearing Md Zubair's plea for arrest protection

NT Correspondent

Bengaluru

A bench of Justices Mahesh Chandra Tripathi and Prashant Kumar of the Allahabad High Court recused itself on Tuesday from hearing the plea of Alt News journalist and fact-checker Mohammed Zubair, who sought protection from arrest in a case filed by supporters of Yati Narsinghanand, the priest of Ghaziabad’s Dasna Devi Temple. The bench directed that the matter be transferred to another bench, according to a report by Bar and Bench.

During a hearing, the investigating officer informed the court that the FIR filed against Zubair included charges under Section 152 of the BNS, which relates to offences that endanger India’s sovereignty, unity, and integrity. The FIR was filed after a complaint from supporters of Yati Narsinghanand, who accused Zubair of posting a tweet on X that was critical of a public speech Narsinghanand made on 29 September, where he allegedly made derogatory remarks about Prophet Muhammad. Zubair described the speech as "derogatory and hateful." Following the incident, several FIRs were filed against Narsinghanand in Uttar Pradesh, Maharashtra, and Telangana for inciting communal hatred. His supporters claim he was taken into custody by the police, though Ghaziabad Police deny any arrest. This led to protests at the Dasna Devi Temple.

According to the Bar and Bench report, the FIR against Zubair was filed by Udita Tyagi, General Secretary of the Yati Narsinghanand Saraswati Foundation. Tyagi claimed that Zubair shared an old video of Narsinghanand on 3 October with the intent to incite violence. Tyagi also accused Zubair, Arshad Madani, and Asaduddin Owaisi of inciting protests at Dasna Devi Temple.

Zubair was charged under multiple sections of the BNS, including Sections 196 (promoting enmity on religious grounds), 228 (fabricating false evidence), 299 (outraging religious feelings), 356(3) (defamation), and 351(2) (criminal int imidat ion) . The charge under Section 152 was added later. Zubair moved the HC seeking protection from arrest, asserting that his tweet aimed to highlight Narsinghanand’s repeated communal remarks and derogatory comments.