Mohammed Zubair, a renowned Indian fact-checker and co-founder of the fact-checking website AltNews, is at the center of a legal battle once again. Known for his work in calling out hate speech and misinformation, Zubair faces accusations from police in Uttar Pradesh of “endangering the sovereignty, unity, and integrity of India.” If convicted under the non-bailable charge, he could face severe penalties, including up to life imprisonment.

Why Zubair is in Court Again

This legal conflict stems from a post Zubair shared on October 3, spotlighting hate speech by Yati Narsinghanand, a controversial Hindu priest. The video in question shows the priest delivering offensive remarks against Prophet Muhammad, sparking outrage among Muslims. Narsinghanand, who leads the Dasna Devi temple in Uttar Pradesh, has a history of inflammatory speeches and was arrested in 2022 for Islamophobic and misogynistic comments.

In response to Zubair’s post, protests erupted outside the temple, leading to arrests of 10 individuals for alleged stone-pelting. Muslim groups also lodged complaints against the priest, who reportedly went into hiding amid rumors of his arrest—claims that police denied.

However, the tables turned when Narsinghanand’s supporters, led by Uditya Tyagi, a BJP politician and close ally of the priest, demanded action against Zubair. Initially, the charges against Zubair included promoting enmity between religious groups, defamation, and giving false evidence. These were later escalated with the addition of Section 152 of Bharatiya Nyaya Sanhita, a stringent law targeting acts perceived as threats to India’s sovereignty.

Zubair’s Defense and the Bigger Picture

Zubair denies all accusations, asserting that he is being targeted for exposing hate speech. “This is an attempt to silence voices that hold the government accountable,” he told the BBC. He highlighted that others had shared similar content without facing repercussions, pointing to what he believes is selective enforcement of laws.

His colleague, Pratik Sinha, co-founder of AltNews, called the legal actions against Zubair a “witch-hunt.” Sinha argued that the move was a deliberate attempt to intimidate and suppress journalism that challenges hate crimes.

Rights groups and journalist organizations, including Amnesty International India and Digipub, have criticized the use of Section 152, describing it as a tool to stifle freedom of expression. Amnesty labeled it part of a broader pattern where laws are weaponized against human rights defenders, journalists, and activists.

Past Legal Troubles and International Criticism

This is not the first time Zubair has faced legal challenges. In 2022, he was arrested over a tweet from 2018 that featured a screenshot from a Bollywood movie. Authorities accused him of “insulting Hindu religious beliefs.” His arrest came shortly after Zubair highlighted controversial Islamophobic remarks by BJP spokesperson Nupur Sharma, drawing widespread condemnation. Critics at the time alleged that Zubair was being targeted for amplifying voices against hate speech, calling his detention an example of governmental intolerance towards fact-checkers.

Zubair’s 2022 arrest drew international backlash, with the United Nations and global rights organizations condemning the actions against him. A spokesperson for UN Secretary-General António Guterres emphasized that journalists should not face imprisonment for their work.

The Role of Hate Speech in Indian Politics

Zubair’s legal troubles underscore a growing concern about the rise of hate speech in India, particularly against minority communities. Activists argue that while hate speech perpetrators often face little to no consequences, those exposing such acts are being targeted.

Narsinghanand, the priest at the center of the controversy, is a repeat offender when it comes to hate-filled rhetoric. Despite spending time in jail in 2022, his speeches have continued to incite tensions, critics say. The lack of stringent action against him has emboldened his supporters while drawing scrutiny of the government’s handling of hate speech cases.

Press Freedom in Decline

India’s press freedom has been declining over the years, as reflected in the Global Press Freedom Index by Reporters Without Borders (RSF). The country now ranks 159th out of 180 nations, with the report highlighting increasing harassment, intimidation, and arrests of journalists critical of the government.

The government, however, disputes these findings, labeling the methodology used in such rankings as “questionable and non-transparent.”

A Larger Battle for Freedom of Expression

For many observers, Zubair’s case is emblematic of a broader struggle for free speech in India. Organizations like the Press Club of India have expressed solidarity with him, calling for the withdrawal of charges. They argue that the misuse of laws like Section 152 poses a significant threat to media independence and democratic discourse.

Zubair’s situation has also reignited debates about the role of digital platforms and journalists in holding governments accountable. AltNews, co-founded by Zubair, remains a critical platform for fact-checking and debunking misinformation, a mission that has made it a target for political and ideological adversaries.

Conclusion

As Zubair’s case unfolds in the Allahabad High Court, it highlights pressing concerns about press freedom, the misuse of laws, and the growing challenge of combating hate speech in India. While his supporters rally behind him, calling this a blatant attempt to silence dissenting voices, the outcome of his legal battle will have significant implications for journalism, freedom of expression, and the fight against hate speech in India.

By shedding light on these critical issues, this case serves as a reminder of the vital role journalists play in safeguarding democratic values, even as they face mounting challenges.