Focus on big cases: Supreme Court questions hate speech FIR over Facebook post on 'breast tax'

The Supreme Court on Monday questioned the registration of a first information report (FIR) against a social worker over a Facebook post on breast tax, with allegedly objectionable remarks about Hindu women [Rupnarayan Ekka vs State of Chhattisgarh]..A Bench of Justices BV Nagarathna and R Mahadevan was hearing one Rupnarayan Ekka’s plea challenging the Chhattisgarh High Court’s refusal to grant him anticipatory bail in the case.“What is there to file an FIR for? Concentrate on big cases. Not cases like this,” Justice Mahadevan remarked.Appearing for Ekka, advocate Prashant Bhushan argued that the Facebook post did not constitute an offence.“It’s a Facebook post which just says, go teach the Hindus that the tax on women covering their breasts was not imposed by Aurangzeb but by some Brahmin. That’s all. This is not an offence,” he argued.Bhushan described the case as totally frivolous.“That is why we have entertained it (the anticipatory bail plea),” Justice Nagarathna replied.“This is not an offence. That’s my view of history. Maybe wrong, but it’s my view,” Bhushan submitted.“That means people have a lot of time to waste,” Justice Nagarathna remarked..Counsel for the State submitted that the Court had issued notice on September 9, but Ekka had not appeared at the police station since then.“You summon him. He will appear,” the Bench responded.The State’s counsel informed the Court that a notice requiring Ekka’s appearance was being issued today itself.Bhushan, meanwhile, questioned the State’s failure to file a response to the anticipatory bail petition.At the request of the State's counsel, the Bench adjourned the matter to December 4..The case stems from an FIR registered at Kunkuri police station in Chhattisgarh’s Jashpur district under Sections 299 (deliberately insulting religious beliefs to outrage religious feelings) and 353(2) (spreading false information or rumours intended or likely to promote hatred between communities) of the Bharatiya Nyaya Sanhita (BNS).According to the prosecution, Ekka posted derogatory material concerning Hindu women on social media on April 13, 2025. Deepak Mishra, chairman of the Brahmin society, subsequently lodged a complaint..Ekka approached the Chhattisgarh High Court seeking anticipatory bail, but his application was rejected on merits on December 15, 2025. He then filed a second anticipatory bail application, disputing the earlier order’s observation that he had committed the alleged offence after being released on bail in another case.The High Court rejected the second application on July 3, finding no substantial change in circumstances warranting a different view. It also relied on his alleged involvement in other cases of a similar nature. Ekka then approached the Supreme Court..In September, the top court had issued notice on his plea and directed that no coercive steps be taken against him, subject to his cooperation with the investigation.During today's hearing, the Bench adjourned the matter to December 4 and extended the interim protection order until the next date of hearing..[Read Live Coverage]