The Supreme Court on Wednesday protected social media influencer Raushan Sinha from arrest, granting him anticipatory bail in a case where he is accused of misquoting a statement made by Congress leader Rahul Gandhi during a Lok Sabha debate.
A bench of Justices Dipankar Datta and Aravind Kumar said there was no reason to take Sinha into custody and no circumstance that required custodial interrogation. The court set aside the Telangana High Court’s earlier refusal to grant him pre-arrest bail.
Sinha had approached the top court after facing criminal prosecution for a post he made on X on July 2, 2024, a day after Gandhi’s speech in Parliament. Gandhi had reportedly said that those “who call themselves Hindus are constantly engaged in violence, hatred and lies.” Sinha posted Gandhi’s photograph with the caption: “Those who are Hindus are violent — Rahul Gandhi.”
The post drew strong reactions online, prompting a Congress worker to lodge a complaint with the cybercrime police station in Hyderabad. Sinha was booked under provisions of the Bharatiya Nyaya Sanhita relating to intentional insult, publishing false statements, and forgery.
Before the Supreme Court, Sinha argued that his post was political commentary protected by his right to free speech under Article 19(1)(a), and alleged that the FIR was politically motivated to “harass and silence” him for criticising an opposition leader.
While granting him anticipatory bail, the bench noted that the investigation could continue without depriving him of his liberty.
