Lucknow: The Allahabad High Court has declined to quash an FIR against folk singer Neha Singh Rathore for allegedly making derogatory remarks on social media targeting Prime Minister Narendra Modi, Home Minister Amit Shah, and the BJP. The court observed that the Constitution’s guarantee of freedom of speech and expression is subject to reasonable restrictions.
The case stems from Rathore’s posts following the brutal April 22 terror attack in Pahalgam, Jammu and Kashmir, which claimed the lives of 26 people, mostly tourists.
A Lucknow bench, comprising Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi, stated:
“After perusing the allegations of the FIR and the relevant portions of the case diary, we are convinced that the allegations in the FIR and other material, prima facie, disclose a cognisable offence, justifying an investigation by the police officers.”
On September 19, the court dismissed Rathore’s petition seeking to quash the FIR and prevent her arrest, calling it “misconceived” and highlighting the sensitive timing of her posts in the wake of the Pahalgam attack. The court directed Rathore to cooperate with the police investigation and appear before the investigating officer on September 26.
The order noted that while freedom of speech is constitutionally protected, it is subject to reasonable restrictions. The court observed that Rathore’s posts allegedly mentioned the Prime Minister in a “derogatory and disrespectful manner” and accused the BJP government of “sacrificing the lives of thousands of soldiers for its vested interest.”
It also pointed out that her posts, which reportedly invoked a “religious angle” and a “Bihar election angle,” were circulated immediately after the Pahalgam incident.
The FIR, registered at Hazratganj police station in Lucknow on April 27, 2025, was challenged by Rathore’s counsel, who argued it was an attempt to stifle her freedom of speech. Government counsel V.K. Singh, opposing the petition, contended that the singer’s statements exceeded the permissible limits of expression. He noted that her comments came at a time of heightened tensions with a neighboring country and had received significant attention and praise on social media in Pakistan. Singh maintained that the allegations in the FIR constituted a cognisable offence, justifying a police investigation.
