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"Even though I'm used to the pressure and intimidation, this time, I was shocked when I saw the charges added against me."
Mohammed Zubair, a prominent fact-checker and co-founder of AltNews, expressed his shock at the Uttar Pradesh police not just filing a case against him but also adding serious charges that amount to sedition.
While speaking to The Quint, Zubair recalled how he may have become accustomed to threats and complaints filed in the past, but the UP police on 26 November informed the Allahabad High Court that they added section 152 of the Bharatiya Nyaya Sanhita (BNS) — “act endangering unity, sovereignty and integrity of India”, which carries life sentence or a prison term for up to seven years and a fine.
Notably, on 3 December, a Bench of Justices Mahesh Chandra Tripathi and Prashant Kumar of Allahabad High Court recused from hearing a plea filed by Zubair seeking protection from arrest in the case.
The actions against Zubair cannot be seen in isolation. It coincides with the action by the Delhi Police against human rights activist Nadeem Khan, also the National Secretary of Association for Protection of Civil Rights (APCR).
Many say these are representative of a pattern of legal actions used to silence Muslim individuals who either document hate or who help victims impacted by hate crimes.
In this regard, The Quint has accessed the FIRs filed against both of them.
In Khan's case, the Delhi Court on 3 December granted him interim protection from arrest till Friday. “Harmony of the nation isn’t so fragile," said the Court, as per LiveLaw.
In his case in particular, the police acted against him on the basis of an exhibition that was held in Hyderabad.
The exhibition was hosted by Jamaat-e-Islami as part of their National Members Conclave with the theme 'Justice and Equality' at Wadi-e-Huda Grounds in Pahadi Shareef.
The APCR had also set up stalls, providing information about the victims of hate crimes and the legal aid they've provided, human rights violations, lynchings and Supreme Court judgments on the same.
It also included videos of alleged communal remarks made by Prime Minister Narendra Modi and Home Minister Amit Shah.
PUCL's statement condemning the action against Nadeem Khan.
PUCL's statement condemning the action against Nadeem Khan.
This FIR was filed at 12:48 PM on 30 November, however on the same day, the Delhi police quite swiftly reached a private residence where Khan was staying and attempted to detain him without a warrant or notice.
"It was only at 10:45, after 5:45 hours of badgering Nadeem, that the officials pasted a notice under Section 35 (3) of BNSS, asking him to appear at the Shaheen Bagh Police Station. For nearly six hours, they continued to harass and intimidate Nadeem Khan and members of his family, as well as trespass on the residence of his brother in Bangalore," alleged People's Union For Civil Liberties in a statement.
Zubair stated that this action against Khan is happening because somebody had made a video of the exhibition that went viral online.
The FIR filed against Zubair even ascribes blame on Zubair for inciting people through his tweets, alleging that "after Muslims reportedly attacked Dasna temple, he continued to post provocative tweets and inciting radical Muslims. To do this, an old video of Narsinghanand was shared. Earlier too, Zubair had shared edited slips of his speeches."
The complainant, Udita Tyagi went a step further and alleged that Zubair has "made a list of some BJP leaders who have been declared as anti-Islam and Muslim radicals are after them. These leaders include, Yogi Adityanath, Nand Kishore Gurjar and myself."
Countering these claims, Zubair said that he wasn't alone in drawing attention to Narsinghanand's speeches as many other X accounts, including that of local journalists have been doing the same.
The priest was also given bail on the condition that he won't give hate speeches again. "Hence, his videos triggered as to why isn't the police taking action against him then? He's accusing political leaders, badmouthing women, he should be held accountable," added Zubair.
Zubair is married and has three children. When he got to know about the charges, he couldn't wrap his head around breaking it to the family without exacerbating their fears.
Zubair added that he has close to 12 FIRs against him, but in this new FIR, the additional section 152 of the BNS, has turned it into a more grave situation.
Offering solidarity to Zubair and calling out the FIR in his case, DIGIPUB, the Press Club of India and Reporters Without Borders have also called for the charges to be dropped.
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