Human rights organisation Amnesty International India and several press bodies have criticised the inclusion of Section 152 of the Bharatiya Nyaya Sanhita in a first information report against Alt News co-founder Mohammed Zubair, calling it a misuse of the provision to curb freedom of expression.
Section 152 of the criminal law pertains to acts that endanger India’s sovereignty, unity and integrity.
On Wednesday, the Uttar Pradesh Police told the Allahabad High Court that the offence had been included in the case registered against Zubair on October 7, in connection with a post on the social media platform X about Hindutva supremacist Yati Narsinghanand.
On Thursday, Amnesty International India said that the decision taken by the police to include Section 152 in the charges against Zubair was an example of how the law was being used to harass journalists in the country.
In a statement, the organisation said that Section 152 was a “new version” of a colonial-era sedition law in a new version.
“For far too long, authorities have misused the sedition law to harass, intimidate, and persecute human rights defenders, activists, journalists, students, filmmakers, singers, actors, and writers for peacefully exercising their right to freedom of expression” it added.
Meanwhile, press bodies have demanded that the police withdraw its first information report against Zubair.
The Press Club of India said: “All sane minds have been opposing this section [152 of BNS] as it has potential to silence the free thinkers and media. It can also be imposed against those who are critical of dispensation.”
Stating that section 152 was a “new avatar” of the sedition law, the press body said that the provision has been “misused” in several cases.
DIGIPUB, an association of digital news organisations, also condemned the “escalating harassment” of Zubair.
The association said that the allegations against Zubair are “unfounded and this is a vindictive and unreasonable over-reach by agencies of the state”.
It added: “It does as much damage to the credibility of the agency involved as it does to democratic principles.”
The inclusion of additional charges “almost two months after the FIR was registered based on a complaint from a private citizen shows that the escalating police action is deliberate and vindictive”, the association said.
DIGIPUB asked the Uttar Pradesh government “whether it intends to file police cases against journalists that highlight hate mongers and hate speeches against minorities”.
The association also demanded the withdrawal of the case against Zubair and urged the police to “instead focus on effectively prosecuting hate mongers so they stop making hate speeches”.
The FIR against Zubair was registered after Udita Tyagi, the general secretary of the Yati Narsimahanand Saraswati Foundation, filed a complaint with the Kavinagar Police in Ghaziabad alleging that fact-checker had posted an outdated video of Narsinghanand with intent to incite Muslims to violence.
Narsinghanand, who is the priest of the Dasna Devi temple in Uttar Pradesh’s Ghaziabad, reportedly made a derogatory comment about Prophet Muhammad during a sermon on September 29, sparking protests by Muslim groups in several cities.
On October 3, Zubair shared a purported video of the speech on X and demanded legal action against the priest.
Following the registration of the FIR, Zubair moved the Allahabad High Court seeking protection from arrest, according to Bar and Bench.
On November 25, the court directed the investigating officer in the case to submit an affidavit by the next hearing outlining the penal sections under which Zubair had been charged.
In a reply submitted on Wednesday, the investigating officer told the court that two new sections, including Section 152 of the Bharatiya Nyaya Sanhita, had been added to the FIR.
The other offence invoked was Section 66 of the Information Technology Act. This section pertains to computer-related offences.
The court allowed the additions to the FIR and listed the case for hearing on December 3.