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Mohammed Zubair (journalist)

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Mohammed Zubair
File:Zubair Edit.jpg
Bornc. 1983[1]
Bengaluru, Karnataka, India
EducationRamaiah Institute of Technology
Occupation(s)Journalist, Fact-checker
OrganizationAlt News
TitleCo-founder of Alt News

Mohammed Zubair is an Indian journalist and the co-founder of Alt News, an Indian non-profit fact-checking website. He made headlines on June 27, 2022, when he was arrested by the Delhi Police for his tweets from 2018.[2] His detention sparked worries about the state of India's press freedoms. Journalist bodies, human rights organizations, and the political opposition perceived the arrest as a revenge against Zubair's role in reporting on the 2022 BJP Muhammad remarks controversy and Alt News' work of fighting disinformation in the society, while noting of diminishing press freedom in India during the Premiership of Narendra Modi.[3]

Career

Zubair has spent over ten years as a software engineer with telecom giant Nokia. Mohammed Zubair and the former software engineer Pratik Sinha founded the Alt News website in 2017.[1] Zubair only assisted Sinha in running the site for about a year while continuing to work for Nokia. He finally left Nokia in September 2018 to become a full-time employee of Alt News. On December 16, 2019, he was appointed to the board of directors of the Pravda Media Foundation, which operates Alt News.[2]

Mohammed Zubair and his co-founder Pratik Sinha were nominated for the 2022 Nobel Peace Prize by the Peace Research Institute Oslo (PRIO), a private research institution based in Oslo, Norway.[4][5]

In 2020, Pratik Sinha said that Zubair is being targeted for his work as number of FIRs were lodged against him.[6]

On 10 June 2021, Zubair received a notice from Twitter alerting him that the it had been approached by Indian law officials regarding a tweet he tweeted in March 2021, which Indian authorities claimed breached Indian laws.[7]

Nupur Sharma's Muhammad remarks controversy

2022 Muhammad remarks controversy began on 27 May 2022, when Nupur Sharma, a spokeswoman of India's ruling party, Bharatiya Janata Party (BJP), made controversial remarks about the Islamic prophet Muhammad, on a Times Now television channel debate on the Gyanvapi Mosque dispute.[8] The comments were in reference to Muhammad and the alleged age of his third wife, Aisha, at the time of their marriage and the consummation of the marriage.[9]

A day later, the video clip of her comments was shared by Mohammed Zubair on social media.[10] Nupur Sharma later alleged that it was a "heavily edited and selected video", which was denied by Pratik Sinha, who stated that it was unedited and also shared a longer clip which allegedly showed the same remarks.[11][12] Times Now deleted the video of the programme from its YouTube channel the next day.[13] Nonetheless, Sharma defended her comments and accused Zubair of "heavily [editing]" the clip; she further claimed to have been receiving rape and death threats as a result. Alt News denied any responsibility for the reaction from the viewers after watching the video clip.[11][12][14][15][16]

Deutsche Welle reported that Zubair had helped bring international attention to the controversial remarks. A few days later, he was arrested in other cases.[17]

Lawsuits

Case on tweet about extremist Hindutva leaders

On 27 May 2022, Zubair published a series of tweets slamming prime-time debates on Indian television channels during the ongoing controversy regarding the Gyanvapi mosque. Zubair said that these debates "have become a platform to encourage hate mongers to speak ill about other religions".[18] He added that the Indian TV anchors were doing a better job of speaking against a religion than the hatemongers Yati Narasinghanand Saraswati or Mahant Bajrang Muni or Anand Swaroop.[19]

The extremist Hindutva leaders named, Mahant Bajrang Muni 'Udasin,' Yati Narsinghanand, and Anand Swarup had been recorded on camera using hate speech, instigating violence against Muslims, or making rape threats against Muslim women.[16][19][20]

A Police case (FIR) was filed in Khairabad, Sitapur, Uttar Pradesh in early June in response to a complaint by a Sitapur leader of a Hindu group. The complainant accused Zubair of "outraging religious feelings" of three seers by labeling them "hatemongers" on Twitter.[19]

In mid June, Zubair posted e-mails from the Twitter service informing him that one of his tweets criticising the comments by Yati Narsinghanand Giri the leader of a Hindu group were being 'withheld' in India under the country's IT laws at the request of law enforcement authorities. 'Withholding' a tweet meant that it would no longer be visible in India. Twitter said this was done "in order to comply with Twitter's obligations under India's local laws". Later two more of Zubair's tweets were withheld, they were about the provocative comments made by a Hindu priest Mahant Bajrang Muni threatening to kidnap and rape Muslim women.[21][19]

On 14 June, Zubair challenged the FIR and pleaded in the Lucknow Bench of the Allahabad High Court that his tweet did not insult or attempt to insult religious beliefs and the case against him had been lodged to 'harass' him. After hearing a plea on the case High Court refused to quash a first information report (FIR) and said that the case needed investigation and adjudication by a trial court.[18]

In mid July, Zubair challenged the order of Allahabad High Court in the Supreme Court of India. Solicitor General Tushar Mehta argued against the plea and admitted "We accept that the speeches made by Yati Narsinghanand were hate speech for which he was arrested and put in jail".[22]

Case on tweet with screenshot from comedy film

In 2018, Zubair shared a satirical tweet on Twitter, with a screenshot from a 1983 Indian comedy film Kissi Se Na Kehna by Hrishikesh Mukherjee.[23][24] The screenshot[a] from the film showed a signboard with the name "Honeymoon Hotel" repainted to "Hanuman Hotel".[25][26]

On 19 June 2022, an anonymous Twitter user named "Hanuman Bhakt @balajikijaiin" quoted Zubair's tweet from four years earlier, and asked Delhi Police to take action against him calling it a "direct insult" to Hindus.[21][27]

On 27 June, Zubair was arrested by Delhi Police after being accused of "hurting religious sentiments".[28] The charges under Section 295A of the Indian Penal Code and section 67 of the IT Act were pressed against Zubair. He was then brought before a magistrate, who granted the police one day custody. Vrinda Grover, Zubair's lawyer, asserted that while many social media users tweeted the same message, only Zubair was targeted by police. Grover also alleged that Zubair was a target of police because of his Muslim faith, name, and profession.[29] On 28 June, Zubair was placed in four days of police custody for interrogation.[30] The police seized his electronic devices.[26]

Reactions to arrest

Journalist bodies, human rights organizations, and the political opposition perceived the arrest as a revenge against Zubair's role in reporting on the 2022 BJP Muhammad remarks controversy and Alt News' work of fighting disinformation in the society, while noting of diminishing press freedom in Modi's India.[3]

Retired Indian Supreme Court judge, Justice Deepak Gupta noted that in 40 years since the release of the comedy film, nobody had raised objections to the photo, tweeted by Zubair, for which he was arrested. Gupta compared Nupur Sharma who had not been arrested yet for her statement with arrest of Zubair questioning the fairness of police. Gupta expressed surprise at the quickly investigation by the police on a complaint by an anonymous account when lodging complaints was difficult. He said that police or a magistrate cannot authorise a 'fishing inquiry' where questions that are not connected to the subject matter of a case are asked.[26]

Editors Guild of India issued a statement demanding immediate release of Zubair and cited PM Narendra Modi's commitment at G7 meeting in Germany "to ensure a resilient democracy by protecting online and offline content". Guild noted that AltNews' "alert vigilance" was resented by "those who use disinformation as a tool to polarise the society and rake nationalist sentiments".[31][32] DIGIPUB, a body of digital news media organisations had condemned Zubair's arrest and demanded the Delhi Police immediately withdraw the case against him. It stated, "In a democracy, where every individual possesses the right to exercise the freedom of speech and expression, it is unjustifiable that such stringent laws are being used as tools against journalists, who have been accorded the role of playing watchdog against the misuse of institutions of the state".[32]

The Wire published an investigation report on the targeting of Zubair by "years-long campaign by a network of anonymous and inauthentic accounts linked to Vikash Ahir, state president of the Hindu Yuva Vahini (HYV) and co-convenor of the Bharatiya Janata Yuva Morcha (BJYM) in Gujarat". It noted the simultaneous court proceedings in the two cases and said that Zubair was being targeted by Hindutva brigade as Zubair had been vocal against the communal issues spread by the Hindu fundamentalist groups under the patronage of the ruling Bharatiya Janata Party (BJP).[33][34]

Zubair's detention sparked worries about the state of India's press freedoms, which are deteriorating.[35][36][21]

International reaction

Stéphane Dujarric, the spokesperson for UN chief Antonio Guterres, while responding to a question at the daily news briefing in the United States, talked about Zubair's arrest and said, that, "In any place around the world, it is very important that people be allowed to express themselves freely, journalists be allowed to express themselves freely and without the threat of any harassment…Journalists should not be jailed for what they write, what they tweet and what they say. And that goes for anywhere in the world, including in this room."[37]

Germany has expressed worry over the detention of Mohammed Zubair, and stated that it has been in touch with other EU members over the detention's continuation. In response to a query regarding Zubair's arrest, the spokeswoman for the German Foreign Office had stated on 6 July 2022: "Journalists should not be persecuted and imprisoned for what they say and write," "We are indeed aware of this specific case and our embassy in New Delhi is monitoring it very closely. We are also in contact on this with our EU partners on the ground. The EU has a human rights dialogue with India, and freedom of expression and freedom of the press are a focus of those discussions with India. India describes itself as the world's largest democracy. So one can expect democratic values like freedom of expression and freedom of the press to be given the necessary space there."[38][35]

Case on fact check of Sudarshan TV video

On 9 July, while Zubair was in jail under judicial custody and was granted bail in the case filed in Sitapur. The same day a warrant was issued against him in an old case filed in Uttar Pradesh's Lakhimpur Kheri. This case was filed in September 2021 by an employee of TV channel Sudarshan News, objecting to a tweet by Zubair fact checking a video published by Sudarshan News. Zubair had pointed that Sudarshan News had used images of Al-Masjid an-Nabawi from Madina and superimposed it on an old picture from Ghaza, with graphics of missile bombing the mosque, during a broadcast. Zubair questioned if this was reporting or inciting violence.[39]

Following the complaint by Sudarshan News a Police case was filed stating that Zubair's tweet could promote enmity between religious groups. A warrant was issued and he was summoned by the Lakhimpur Kheri court summoned him on July 11. Following his arrest in the Lakhimpur Kheri case, Zubair was sent to 14 days in judicial custody.[39][40]

On 16 July 2022, a court in Uttar Pradesh rejected Zubair's petition for bail in connection to a FIR that was filed against him in 2021 for allegedly inciting animosity. After the court sentenced Zubair to a 14-day judicial detention in the case, the bail application was brought before Additional Chief Judicial Magistrate Mohamaddi on July 11.[41]

Bail

Every time Zubair approached for bail, fresh cases were filed against him and his detention was extended. The Supreme Court (SC) called this a "vicious cycle" of interim bail in one case and arrest in another case. On 20 July 2022, the Supreme Court granted him bail in all the seven cases filed against him. The bail would also apply if new cases on the same incident are filed.[42] SC transferred all the cases filed in Uttar Pradesh to Delhi and disbanded the Special Investigation Team formed by Uttar Pradesh government to investigate cases against Zubair.[43]

SC said, Zubair was "trapped in a vicious cycle of criminal process where the process itself has become the punishment," and warned that arrest "cannot be used as a punitive tool". The detailed judgment in the case had a series of extremely strong remarks. "Arrest is not meant to be and must not be used as a punitive tool because it results in one of the gravest possible consequences emanating from criminal law: the loss of personal liberty." and added "Individuals must not be punished solely on the basis of allegations, and without a fair trial... When the power to arrest is exercised without application of mind and without due regard to the law, it amounts to an abuse of power".[43]

The Uttar Pradesh government had asked the court that Mohammed Zubair be "stopped from putting out tweets". The court refused to place any such order for restrictions against Zubair and said, "The imposition of such a condition would tantamount to a gag order... (which) have a chilling effect on the freedom of speech".[42][44]

Notes

  1. ^ The tweets can be seen in the External Links section

References

  1. ^ a b Langa, Mahesh (2 July 2022). "Mohammed Zubair | The man who chased facts". The Hindu. Retrieved 15 July 2022.
  2. ^ a b Kuchay, Bilal (22 June 2022). "Who is Mohammed Zubair, Indian journalist arrested by Modi gov't?". Al Jazeera. Retrieved 15 July 2022.
  3. ^ a b See links below
  4. ^ "Harsh Mander, Alt News Founders Named in PRIO Shortlist for Nobel Peace Prize". The Quint. 2 February 2022. Retrieved 15 July 2022.
  5. ^ "AltNews Co-founder Mohammed Zubair Arrested By Delhi Police". The Chenab Times. 27 June 2022. Retrieved 15 July 2022.
  6. ^ Khanum Sherwani, Arfa (8 September 2020). "Mohammed Zubair Is Being Targeted for the Work Alt News Does: Pratik Sinha". The Wire (India). Retrieved 24 July 2022.
  7. ^ "Alt News co-founder Mohammed Zubair receives Twitter notice for tweet from March". The News Minute. 11 June 2021. Retrieved 24 July 2022.
  8. ^ Saaliq, Sheikh (6 June 2022). "Muslim nations slam India over insulting remarks about Islam". Washington Post. ISSN 0190-8286. Archived from the original on 8 June 2022. Retrieved 6 June 2022.
  9. ^ Jamil, Nabeela. "Why the debate around the age of Aisha, the Prophet's wife, is irrelevant". Scroll.in. Retrieved 24 June 2022.
  10. ^ "Mohammed Zubair's Tweet". Twitter. Retrieved 7 June 2022.
  11. ^ a b "FIR filed against BJP spokesperson Nupur Sharma for comments about Prophet Mohammad", Scroll.in, 29 May 2022, archived from the original on 5 June 2022, retrieved 5 June 2022
  12. ^ a b "'Remarks on Prophet': After Thane, Hyderabad Police Files FIR Against BJP's Nupur Sharma". The Wire. 1 June 2022.
  13. ^ "Times Now deletes video of Navika Kuamr's debate, issues clarification amidst controversy over derogatory comments on Prophet Muhammad (PBUH)". Janta Ka Reporter 2.0. 28 May 2022.
  14. ^ Pratik Sinha, twitter thread, 28 May 2022.
  15. ^ Pandey, Vikas. "Nupur Sharma: India's diplomatic woes over Prophet Muhammad row deepen". BBC News.
  16. ^ a b Pandey, Geeta (8 July 2022). "Mohammed Zubair: The Indian fact-checker arrested for a tweet". BBC. Retrieved 15 July 2022.
  17. ^ "India: Muslim journalist Mohammed Zubair to be released on bail | DW | 20.07.2022". Deutsche Welle. 21 July 2022. Retrieved 21 July 2022.
  18. ^ a b "Court Refuses to Quash FIR Against Mohammed Zubair for Calling Hindutva Leaders 'Hatemongers'". The Wire. 14 June 2022. Retrieved 20 July 2022.
  19. ^ a b c d "FIR Against Mohammed Zubair for Calling Militant Hindutva Leaders 'Hatemongers'". The Wire (India). 1 June 2022. Retrieved 15 July 2022.
  20. ^ Sodhi, Tanishka. "Zubair insulted 'respected religious leader' Bajrang Muni's followers: UP police argue in Supreme Court". Newslaundry. Retrieved 21 July 2022.
  21. ^ a b c "Mohammed Zubair: Indian police arrest journalist over tweets". BBC News. 28 June 2022. Retrieved 20 July 2022.
  22. ^ Jain, Ritika (8 July 2022). "Supreme Court Grants Interim Bail to Mohammed Zubair, Bar on Tweeting | BOOM". boomlive.in. Retrieved 20 July 2022.
  23. ^ "Kissi Se Na Kehna! Mohammed Zubair Arrested for Tweeting Photo from 1983 Hindi Film". The Wire. 28 June 2022. Retrieved 8 July 2022.
  24. ^ "Alt News Co-founder Mohammed Zubair Moves SC For Bail, Claims Threat To His Life". outlookindia.com/. 7 July 2022. Retrieved 8 July 2022.
  25. ^ Jafri, Alishan; Barton, Naomi (28 June 2022). "Kissi Se Na Kehna! Mohammed Zubair Arrested for Tweeting Photo from 1983 Hindi Film". The Wire (India). Retrieved 15 July 2022.
  26. ^ a b c Scroll Staff (5 July 2022). "Questions arise when police arrest Mohammed Zubair, but not Nupur Sharma, says retired SC judge". Scroll.in. Retrieved 20 July 2022.
  27. ^ "Explained: Why Alt News co-founder Mohammed Zubair has been arrested". Deccan Herald. 28 June 2022. Retrieved 15 July 2022.
  28. ^ "Alt News co-founder Mohammed Zubair arrested for 'hurting religious sentiments'". Hindustan Times. 27 June 2022. Retrieved 2 July 2022.
  29. ^ "Patiala House court grants bail to Alt News co-founder Mohammed Zubair in Delhi Police FIR". Bar and Bench. 15 July 2022. Retrieved 15 July 2022.
  30. ^ Lakshman, Abhinay (28 June 2022). "Alt News co-founder Mohammed Zubair's police custody extended by four days". The Hindu. Retrieved 15 July 2022.
  31. ^ "Editor's Guild condemns Alt-News co-founder Zubair's arrest, demands immediate release". The Indian Express. 28 June 2022. Retrieved 20 July 2022.
  32. ^ a b ""Release Mohammed Zubair": Editors Guild Invokes PM's "Commitment" At G7". NDTV.com. 28 June 2022. Retrieved 20 July 2022.
  33. ^ "Watch: How Mohammed Zubair Became Target of a Smear Campaign by Hindutva Outfits". The Wire. 5 July 2022. Retrieved 20 July 2022.
  34. ^ "Anonymous Complainant Targeting Zubair Tweet Linked to Tek Fog App, BJYM Leader in Gujarat". The Wire. 2 July 2022. Retrieved 20 July 2022.
  35. ^ a b Welle, Deutsche (7 July 2022). "Germany expresses concern over India's detention of Muslim journalist | DW | 07.07.2022". Deutsche Welle. Retrieved 8 July 2022.
  36. ^ Mogul, Rhea; Mitra, Esha (29 June 2022). "Indian police arrest Muslim journalist accused of insulting Hindus". CNN. Retrieved 20 July 2022.
  37. ^ "Scribes Shouldn't Be Jailed for What They Write, Tweet: UN Chief's Spokesperson on Zubair's Arrest". The Wire (India). 29 June 2022. Retrieved 16 July 2022.
  38. ^ Joshua, Anita (8 July 2022). "Zubair arrest: Germany expresses concern, India sends rebuttal". The Telegraph (India). Retrieved 16 July 2022.
  39. ^ a b Team, N. L. (11 July 2022). "In case filed by Sudarshan News staffer, UP court sends Zubair to judicial custody for 14 days". Newslaundry. Retrieved 20 July 2022.
  40. ^ Bench, Bar & (18 July 2022). "Lakhimpur Kheri Court refuses bail to Mohammed Zubair in 2021 Sudarshan TV fact-check case". Bar and Bench - Indian Legal news. Retrieved 20 July 2022.
  41. ^ "UP court denies bail to Alt News co-founder Mohammad Zubair in 2021 case". The Indian Express. 16 July 2022. Retrieved 16 July 2022.
  42. ^ a b "Fact-Checker Mohammed Zubair To Leave Jail, Court Ends "Vicious Cycle"". NDTV.com. 20 July 2022. Retrieved 20 July 2022.
  43. ^ a b ""Arrest Not Punitive Tool": Supreme Court On Fact-Checker M Zubair's Case". NDTV.com. 25 July 2022. Retrieved 25 July 2022.
  44. ^ "Mohammed Zubair: Supreme Court grants bail to Indian fact-checker". BBC News. 20 July 2022. Retrieved 20 July 2022.

Further reading

Retrieved from "https://en.wikipedia.org/w/index.php?title=Mohammed_Zubair_(journalist)&oldid=1124842536"