The Supreme Court on Wednesday granted anticipatory bail to right wing influencer Raushan Sinha accused of misquoting a statement made by Congress leader Rahul Gandhi in the Lok Sabha [Raushan Sinha vs. State of Telangana].
A Bench of Justices Dipankar Datta and Aravind Kumar observed that Sinha's arrest was not required and custodial interrogation was unnecessary.
It accordingly set aside a Telangana High Court order that had refused to grant pre-arrest bail to Sinha who was booked by the Hyderabad Cyber Crimes Police over a post on X (formerly Twitter).
The case arose from a July 1, 2024 speech in parliament, where Rahul Gandhi had reportedly said that those “who call themselves Hindus are constantly engaged in violence, hatred and lies.”
The following day, Sinha posted an image of Gandhi with the words:
“Those who are Hindus are violent – Rahul Gandhi.”
The post quickly drew backlash online. The next day, a complaint was filed by a Congress worker at the Cyber Crimes Police Station in Hyderabad, alleging that Sinha had spread misinformation and provoked communal disharmony for political gain.
Within hours, the police registered a First Information Report (FIR) for offences relating to intentional insult, publication of false statements, and forgery under various provisions of the Bharatiya Nyaya Sanhita.
Sinha claimed that his tweet was a form of political commentary on a public statement made in parliament and that it did not amount to any criminal offence. However, as the police began calling him for questioning and reportedly visited his home, he approached the Telangana High Court seeking anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Before the High Court, Sinha argued that the FIR was politically motivated, meant to “harass and silence” him for criticising a prominent opposition leader, and that he faced threats from party functionaries and online supporters. He said none of the offences alleged in the FIR were even remotely made out, since the post neither fabricated any material nor incited violence or public disorder.
Despite these submissions, the Telangana High Court, dismissed his plea for anticipatory bail. The Court directed Sinha to appear before the investigating officer, offering him no interim protection from arrest - a decision that effectively left him exposed to custodial action.
Sinha then approached the Supreme Court, arguing that the case represented a misuse of the criminal law to curb dissent and online expression protected under Article 19(1)(a) of the Constitution. He contended that his post was political speech, even if unpleasant to some, and could not be criminalised.
The Court noted that the chargesheet had already been filed, no custodial interrogation had been sought during investigation, and that Sinha’s arrest was not required for the case to proceed.
It accordingly set aside the Telangana High Court order and allowed Sinha's plea.
Sinha was represented by Advocate Ashish Dixit.
[Read Order]