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Court noted that Rathore’s posts, which circulated widely online and even gained traction in Pakistan, were uploaded shortly after the Pahalgam terror attack.
Bhojpuri folk singer Neha Singh Rathore. (Image: X/nehafolksinger)
The Allahabad High Court’s Lucknow Bench has refused to interfere with the police case registered against Bhojpuri folk singer Neha Singh Rathore for her social media posts following the Pahalgam terror attack, holding that her comments went beyond the protection of free speech.
A division bench of Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi on September 19 dismissed Rathore’s writ petition that sought quashing of the FIR lodged against her in Lucknow’s Hazratganj police station. The case was filed on April 27, 2025, and invoked multiple provisions of the Bharatiya Nyaya Sanhita, 2023, including Sections 196, 197, 302, and 353, along with Section 69A of the Information Technology Act. Investigators later added Sections 152 and 159 BNS during the probe.
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Court noted that Rathore’s posts, which circulated widely online and even gained traction in Pakistan, were uploaded shortly after 26 Hindu tourists were killed in a terrorist attack at Pahalgam, Jammu & Kashmir, on April 22.
In those posts, Rathore accused Prime Minister Narendra Modi and the BJP of exploiting the tragedy for electoral gains in Bihar. One message suggested that the party wanted to “sacrifice thousands of soldiers” by pushing the country towards war with Pakistan, while another questioned media reports about the killings and pointed to communal angles.
According to the bench, these remarks named the Prime Minister in a derogatory and disrespectful manner, drew on religious divides, and linked the violence to electoral politics. Such elements, the court said, could not be brushed aside as mere criticism.
Rathore’s counsel argued that she was a singer and social activist exercising her right to free expression under Article 19(1)(a) of the Constitution. He cited the Supreme Court’s ruling in Imran Pratapgarhi v. State of Gujarat (2025), where poetry critical of government policy was held protected speech.
The state government, however, contended that her case was fundamentally different. Additional Government Advocate V.K. Singh told the court that Rathore’s remarks struck at the country’s sovereignty and communal harmony, and therefore attracted restrictions under Article 19(2). He also pointed to precedents such as Ramji Lal Modi v. State of UP (1957) and Kedar Nath Singh v. State of Bihar (1962), which upheld limits on speech that could incite violence or disrupt public order.
The bench agreed with the state’s position, reiterating that freedom of expression is subject to reasonable restrictions. “Fundamental right under Article 19(1)(a) is not absolute,” the judges observed, adding that the allegations in the FIR and the case diary did disclose cognizable offences that warranted investigation.
Rejecting the plea, court held that Rathore’s reliance on the Imran Pratapgarhi judgment was misplaced because, unlike in that case, her posts directly named political leaders and used religious undertones. The matter, it said, did not fit the narrow grounds where quashing an FIR would be justified, as outlined in the Supreme Court’s Bhajan Lal guidelines.
The judges dismissed the writ petition as “misconceived” but emphasised that the investigation should be fair, independent, and impartial. Rathore has been directed to appear before the investigating officer on September 26 and cooperate with the ongoing probe until the police report is filed.
About the Author
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr…Read More
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr… Read More
September 22, 2025, 17:37 IST
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