The Allahabad High Court has refused to quash an FIR lodged against folk singer Neha Singh Rathore for allegedly making derogatory remarks on social media against Prime Minister Narendra Modi, Union Home Minister Amit Shah, and the BJP, observing that the constitutional right to free speech is subject to reasonable restrictions.
The case stems from her online posts following the terrorist attack in Pahalgam, Jammu and Kashmir, on April 22, 2025, in which 26 people, including several tourists, were killed.
A Lucknow bench of Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi held that the FIR, along with supporting material in the case diary, prima facie disclosed a cognisable offence justifying a police investigation.
“After perusing the allegations of the FIR and the relevant portion of the case diary, we are convinced that the allegations… prima facie, disclose a cognisable offence, justifying an investigation,” the bench said.
The court dismissed Rathore’s petition, calling it “misconceived,” and directed her to cooperate with the investigation by appearing before the investigating officer on September 26.
While noting that the Constitution guarantees freedom of speech and expression, the bench emphasised that this liberty is not absolute and remains subject to reasonable restrictions.
The order observed that Rathore’s posts allegedly used the Prime Minister’s name in a “derogatory and disrespectful manner” and accused the government of “sacrificing the lives of thousands of soldiers for vested interests.”
The judges further noted that her remarks carried a religious and political undertone, linked with the Bihar elections, and were circulated immediately after the Pahalgam attack, intensifying their impact.
Rathore’s counsel had argued that the FIR, filed on April 27, 2025, at Hazratganj police station in Lucknow, was an attempt to curb her freedom of expression.
Opposing the plea, government counsel V.K. Singh maintained that the singer’s statements exceeded the permissible limits of free speech, particularly at a time of heightened tensions with a neighbouring country. He noted that her remarks gained significant traction on social media in Pakistan, aggravating their seriousness.
The court sided with the state’s submission, holding that the allegations warranted further investigation and could not be quashed at the threshold.
The court’s ruling clears the way for the police to continue their probe into the case. Rathore, meanwhile, is required to present herself before investigators later this month as the inquiry proceeds.
