SC: Neha Singh Rathore is protected from arrest by the for posting offensive content on PM Modi and the Pahalgam incident
SC: In relation to a FIR filed in Uttar Pradesh over her allegedly offensive social media tweets criticizing Prime Minister Narendra Modi and the Pahalgam terror incident, the Supreme Court on Wednesday granted folk singer Neha Singh Rathore temporary protection from arrest.
The Uttar Pradesh government and the complainant, at whose request the criminal case was filed, were asked to respond to Rathore’s special leave petition (SLP), which challenged the Allahabad High Court’s decision to deny her anticipatory bail. The notice was sent by a bench of Justices J.K. Maheshwari and Atul S. Chandurkar.
The Supreme Court ordered that no coercive actions be done against her in the meantime and postponed the case for another hearing after eight weeks.
But starting on January 19, the Justice Maheshwari-led Bench made it clear that Rathore must assist with the inquiry and show up before the Investigating Officer whenever called, warning that failure to do so will be taken severely.
Rathore’s attorney refuted Uttar Pradesh Police’s accusations of non-cooperation at the hearing by pointing out that she had already appeared before the Investigating Officer the previous week.
In a case lodged at the Hazratganj police station in Lucknow, the SLP appealed to the Supreme Court the Allahabad High Court’s December 5, 2025, ruling that denied her request for anticipatory relief.
After Abhay Pratap Singh, also known as Nirbheek, filed a complaint, the FIR was filed under many sections of the Bharatiya Nyaya Sanhita, 2023, including Sections 196, 197, 152, 302, and 353, as well as Section 69(a) of the Information Technology Act, 2008.
Through her X username, Rathore allegedly posted offensive content on a regular basis that might compromise national integrity, foster intercommunal strife, and spread extensively, even inside Pakistan, according to the complaint.
The Allahabad High Court noted in its contested ruling that the posts and tweets ascribed to Rathore were made during a “crucial and sensitive time” after the Pahalgam terror attack on April 22, 2025, which claimed the lives of 26 tourists. The court also found that the posts allegedly targeted the Prime Minister in a “disrespectful manner.”The Allahabad High Court stated that although all citizens have the right to freedom under Article 19 of the Indian Constitution, this right may be reasonably restricted for the sake of public order, decency, or morality. It further stated that the FIR and case diary showed that the posts were against the Prime Minister and could potentially disrupt public order.
The one-judge Bench of Justice Brij Raj Singh rejected her request, stating that there was no evidence of anticipatory bail and that Rathore was “not cooperating with the investigation” in spite of previous orders.