The Allahabad High Court has dismissed a petition by Bhojpuri singer Neha Singh Rathore aimed at quashing a first information report (FIR) filed against her in relation to social media posts regarding the deadly attack in Pahalgam, Jammu and Kashmir, on April 22.
The court’s ruling, delivered by a division bench comprising Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi, noted that Rathore allegedly made derogatory comments about Prime Minister Narendra Modi in her posts. The judges asserted that the allegations presented a prima facie case of a cognizable offense, warranting a police investigation. Additionally, they pointed to the timing of her posts—immediately following the Pahalgam attack—as a significant factor.
The bench ordered Rathore to appear before the investigating officer on September 26 and instructed her to fully cooperate with the inquiry until the police finalize their report.
The FIR against Rathore was registered in late April at the Hazratganj police station in Lucknow, invoking provisions of the Bharatiya Nyaya Sanhita for sedition, along with sections of the Information Technology Act. The case was initiated after Rathore shared a video on social media in which she criticized the government, alleging that the Pahalgam attack highlighted an intelligence and security failure by the Bharatiya Janata Party (BJP)-led administration. In her video, she further claimed that Modi would exploit the tragedy for electoral advantage in Bihar, similar to how he had reacted after the 2019 Pulwama terror attack that resulted in the deaths of 40 Central Reserve Police Force personnel.
In contesting the FIR, Rathore’s legal representation argued that she was exercising her right to free speech under Article 19(1)(a) of the Constitution, emphasizing that such a fundamental right should not be infringed upon by state authority. However, the bench rejected this claim, stating that while Article 19 guarantees freedom of speech, it is subject to reasonable restrictions necessary for maintaining public order, morality, and decency. The court emphasized that Rathore’s comments specifically targeted the Prime Minister in a manner deemed derogatory and disrespectful, accusing the BJP of instigating conflict with Pakistan for political benefit.
“The name of the Prime Minister of India has been used in a derogatory and disrespectful manner,” the court stated, as reported by Bar and Bench. It further commented, “In such comments, the petitioner has used religious angles and the Bihar election angle, accusing the Prime Minister by name and asserting that the BJP government is sacrificing the lives of thousands of soldiers for its vested interests, thereby pushing the country toward war with a neighboring state.”
Tags: Allahabad HC, FIR quash, Neha Singh Rathore, Modi government, Pahalgam attack
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