New Delhi, Oct 13 (UNI) The Supreme Court today refused to quash the First Information Report filed by the Uttar Pradesh Police against folk singer Neha Singh Rathore for her allegedly provocative social media posts on the Pahalgam terror attack, which the police claimed “endangered the sovereignty, unity, and integrity of India.”
A Bench, comprising Justices J.K. Maheshwari and Vijay Bishnoi, declined to interfere with the Allahabad High Court’s order that had permitted investigation into the case.
The Bench observed that the petitioner may raise objections to specific charges, including those related to “waging war against India,” at the time of framing of charges.
“We have not expressed any opinion on the merits of the case. The petitioner is at liberty to raise these issues during framing of charges or seek discharge before the trial court,” the Bench ordered.
Appearing for Rathore, Senior Advocate Kapil Sibal argued that the charges were excessively harsh and unwarranted.
“I can’t be tried for mutiny. How can I be accused of waging war over a tweet?” Sibal contended, urging the Court to quash proceedings under certain sections while allowing the trial to proceed on others.
He questioned the applicability of several provisions under the Bharatiya Nyaya Sanhita (BNS), including Sections 153A, 159, and 294, stating, “We accept the tweets, but how do they attract these sections? There can’t be mutiny merely because I said something against someone.”
However, the Court declined to entertain the plea or allow the petitioner to approach the High Court on the same issue, reiterating that such arguments could be raised at the appropriate stage before the trial court.
The FIR, registered on April 27, 2025, at Hazratganj Police Station in Lucknow, invokes multiple provisions of the BNS, 2023, including Sections 196, 197, 302, 152, and 353, along with Section 69A of the Information Technology Act, 2008. Later, Sections 152 and 159 BNS were also added.
Earlier, a division bench of Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi of the Allahabad High Court had held that the allegations in the FIR and accompanying materials prima facie disclose a cognizable offence, warranting investigation.
The High Court also noted that Rathore’s posts contained derogatory references to the Prime Minister and Home Minister of India.
With the Supreme Court’s refusal to intervene, the investigation against Neha Singh Rathore will now continue as per procedure.
