HC refuses to quash FIR against folk singer Neha Singh Rathore over social media posts
Quashing her plea, the court said that the Prime Minister’s name was used in a derogatory manner in the posts. It also noted that Rathore had accused BJP of initiating war with Pakistan for its vested interests.
The Lucknow bench of the Allahabad high court has refused to quash the FIR against folk singer and activist Neha Singh Rathore, who is accused of using derogatory remarks towards Prime Minister Narendra Modi and promoting hatred between communities with her allegedly provocative social media posts after the Pahalgam terror attack.
In its September 19 order, a division bench of Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi directed her to appear before the investigating officer on September 26 and cooperate with the probe till filing of police report.
The court said the allegations against her prima facie disclosed cognisable offence, warranting a police investigation. It also noted that the timing of her posts was crucial as they were made immediately after the Pahalgam attack.
Rathore was booked by Hazratganj police in Lucknow in April under various sections of the Bharatiya Nyaya Sanhita (BNS) over her X posts.
Her counsel argued that she had a fundamental right under Article 19(1)(a) of the Constitution of India to express her views on social media and that no authority of the state could violate it. However, quashing the plea, the court said that the Prime Minister’s name was used in a derogatory manner in the posts. It also noted that Rathore had accused BJP of initiating war with Pakistan for its vested interests.
“The case diary as placed before us shows that there are so many tweets but some of them have been reproduced in this order that goes to show that the posts written by the petitioner are against the Prime Minister of India and Home Minister of India. Name of the Prime Minister of India has been used in a derogatory and disrespectful manner. In such comments, the petitioner has used religious angle, Bihar election angle accusing the Prime Minister by name and saying that the B.J.P. Government is sacrificing the life of thousands of soldiers for its vested interest pushing the country in a war with a neighbouring country,” the court said.
