Supreme Court refuses to quash FIR against singer Neha Singh Rathore over tweets on PM Modi

The Supreme Court on Monday dismissed Bhojpuri singer and activist Neha Singh Rathore’s plea seeking to quash a First Information Report (FIR) lodged against her over social media posts on Prime Minister Narendra Modi, the Bihar elections and Hindu-Muslim politics [Neha Singh Rathore @ Neha Kumari Versus State of Uttar Pradesh and Ors.].

A bench of Justices JK Maheshwari and Vijay Bishnoi said it was not inclined to interfere at this stage, but clarified that Rathore could raise objections regarding the charges during trial.

The case stems from a first information report (FIR) filed in Lucknow earlier this year after Rathore’s social media posts following the Pahalgam terror attack.

In those posts, she alleged that Modi visited Bihar to threaten Pakistan in order to win votes in the name of nationalism. She also wrote that the Bharatiya Janata Party (BJP) sought to polarise voters using Hindu-Muslim and India-Pakistan issues.

The Allahabad High Court had earlier refused to quash the FIR, observing that Rathore’s posts used the Prime Minister’s name in a derogatory manner and linked religion and elections. The High Court also said the timing of her posts, immediately after the Pahalgam attack, was crucial.

Rathore then moved the Supreme Court.

Before the top court, Senior Advocate Kapil Sibal, appearing for Rathore, argued that the FIR had invoked provisions relating to mutiny and waging war against the State, which could not be applied to the tweets.

He told the Court that the case was an abuse of process.

“How does it amount to mutiny I don’t understand. That’s the charge. Life sentence!” Sibal submitted.

The Bench responded that the High Court’s refusal to quash the case was only a rejection of the petition and not a finding of guilt.

“It’s merely a rejection of quashing petition. Nothing else. Go and face trial,” Justice Maheshwari said.

Sibal pressed that a trial under provisions relating to waging war would be wholly unjustified.

“I can’t be tried for mutiny for a tweet! I am saying quash the proceedings qua a certain provision,” he said.

The Court made it clear that Rathore could raise such objections before the trial court when charges are framed.

“You can raise these objections during framing of charges. We can keep your right reserved,” Justice Maheshwari observed.

Sibal insisted that the liberty to argue later did not change the gravity of the charge.

“Charges are for waging a war. I’m waging a war through my tweets?” he asked.

The Court, however, remained unconvinced.

In its order, the Court noted that it would not intervene at this stage but preserved Rathore’s right to challenge the charges at the appropriate forum.

“At this stage, we are not interfering in the argument that the charge of mutiny cannot be made out. However, we grant liberty to raise these issues at the time of framing of charges or apply before the Court seeking discharge,” the Court said, in its order.

Sibal urged the Court to consider that Rathore could face arrest while the case continued. But the Court reiterated its refusal to comment on the merits.

“We are not expressing opinion on the merit,” Justice Maheshwari said as the hearing drew to a close.

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