The Allahabad High Court has dismissed a petition filed by folk singer and social media performer Neha Singh Rathore, who sought quashing of a First Information Report (FIR) lodged against her for allegedly objectionable posts made on the social media platform “X” following the Pahalgam terror attack. The FIR, registered at Hazratganj Police Station in Lucknow, accused Rathore of posting content that was derogatory towards the Prime Minister and capable of provoking communal and political disharmony.
Rathore argued before the Court that her posts fell within the ambit of artistic and political expression safeguarded by Article 19(1)(a) of the Constitution. Her counsel relied on the recent Supreme Court decision in Imran Pratapgarhi v. State of Gujarat, where poetic commentary was held to be protected free speech. It was urged that no cognizable offence was made out and that the case was a misuse of criminal law to curb dissent.
The State government, however, placed the case diary and related material before the Bench to show that Rathore’s tweets were not innocuous but deliberately timed in the aftermath of the terror attack and worded in a way that could disturb public order. The State contended that her comments carried communal undertones and targeted the Prime Minister in a derogatory manner, thereby creating a prima facie case under the Bharatiya Nyaya Sanhita, 2023 and provisions of the Information Technology Act.
After hearing both sides, the Court observed that the Bhajan Lal guidelines on quashing FIRs did not apply in this case, as the allegations clearly disclosed cognizable offences requiring investigation. It distinguished the Imran Pratapgarhi precedent, noting that unlike in that case, Rathore’s posts referred to communal and political elements and could not be insulated by the cloak of free speech. Stressing that courts should be slow to interfere at the investigation stage, the Bench stated that it was not inclined to assess the truthfulness of the allegations prematurely.
Consequently, the writ petition was dismissed as misconceived. The Court directed Rathore to appear before the Investigating Officer on September 26, 2025, at 11 a.m., and to cooperate with the probe until the charge-sheet is filed, while refraining from offering any further opinion on the merits of the case.
- Case: Neha Singh Rathore @ Neha Kumari Vs State of UP thru Prin. Secy. Home Dept. U.P. Govt. Lko. And 2 Others
- Citation: 2025: AHC-LKO: 58087-DB
- Bench: Lucknow Bench: J Syed Qamar Hasan Rizvi, J Rajesh Singh Chauhan
- Judgement Date: 19 September 2025
Click HERE for full Judgment
Written By: Shubh Tewari
Lawcutor 