Used PM’s name in derogatory manner: Allahabad High Court refuses to quash case against Neha Singh Rathore

The Allahabad High Court has rejected Bhojpuri singer and activist Neha Singh Rathore’s petition seeking quashing of the First Information Report (FIR) over her social media posts pertaining to Prime Minister Narendra Modi, Bihar elections and Hindu-Muslim politics [Neha Singh Rathore @ Neha Kumari v State of UP].

In the judgment dated September 19, a Division Bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi directed Rathore to appear before the investigating officer on September 26 and cooperate with the probe till filing of police report.

The Court said the allegations against her prima facie disclose cognizable offence, justifying an investigation by police officers. It opined that the timing of her tweets was crucial and worth considering as they were posted immediately after the Pahalgam attack.

"The petitioner is directed to participate in the investigation, which is pending pursuant to the impugned FIR, and she shall appear before the Investigating Officer on 26.09.2025 at 11.00 a.m. sharp to cooperate in the investigation and shall further cooperate in the investigation till filing of police report," it ordered.

Rathore was booked by Lucknow’s Hazratganj police in April under various sections of Bharatiya Nyaya Sanhita (BNS) over her X posts that after the terror attack in Pahalgam, Modi had come to Bihar to threaten Pakistan so that he can garner votes in the name of nationalism.

She had also written that instead of finding terrorists and admitting its mistake, the Bharatiya Janata Party (BJP) wanted to plunge the country into war. 

“In the Bihar elections, they can either get votes in the name of Hindu-Muslim or India-Pakistan, there is no third option and these people will choose those two options,” she had written in one of the posts.

Seeking quashing of the case, her counsel argued that she has a fundamental right under Article 19(1)(a) of the Constitution of India to express her views on social media and no authority of the State can violate such fundamental right.

However, the Court opined that the Prime Minister’s name was used in a derogatory manner in the posts. It also noted that Rathore has accused BJP of initiating war with Pakistan for its vested interests.

“The case diary as placed before us shows that there are so many tweets but some of them have been reproduced in this order that goes to show that the posts written by the petitioner are against the Prime Minister of India and Home Minister of India. Name of the Prime Minister of India has been used in a derogatory and disrespectful manner. In such comments, the petitioner has used religious angle, Bihar election angle accusing the Prime Minister by name and saying that the B.J.P. Government is sacrificing the life of thousands of soldiers for its vested interest pushing the country in a war with a neighbouring country.”

Therefore, it dismissed the petition seeking quashing of FIR.

Advocate Kamal Kishore Sharma represented the petitioner.

Government Advocate VK Singh appeared for the State along with advocates SN Tilhari and Vipul Kumar Singh.

[Read Judgment]