Setback for folk singer Neha Singh Rathore as HC refuses to quash FIR over derogatory remarks against PM

Lucknow: The Allahabad High Court has refused to quash an FIR against folk singer Neha Singh Rathore for allegedly making derogatory statements on social media against Prime Minister Narendra Modi, Home Minister Amit Shah and the BJP, observing that the freedom of speech and expression guaranteed by the Constitution is subject to reasonable restrictions.

The case is linked to her posts following the barbaric April 22 terror attack in Pahalgam in Jammu and Kashmir in which 26 people, mostly tourists, were killed.

"After perusing the allegations of the FIR and the relevant portion 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," a Lucknow bench comprising Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi said.

It dismissed on September 19 Rathore's petition which had urged the high court to quash the FIR and prevent her arrest, calling it "misconceived" and emphasising the critical timing of her posts following the incident in Pahalgam.

The court directed the singer to cooperate with the police investigation and to appear before the investigating officer for questioning on September 26.

In its order, the court said that while the Constitution guarantees freedom of speech and expression, this right is subject to reasonable restrictions.

The court noted that Rathore's posts used the name of 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".

The court also highlighted that her posts, which allegedly used a "religious angle" and a "Bihar election angle," were circulated immediately after the Pahalgam incident.

The FIR, lodged at the Hazratganj police station in Lucknow on April 27, 2025, was challenged by Rathore's counsel, who argued it was an attempt to suppress her freedom of speech.

Government counsel V.K. Singh, opposing the petition, argued that the singer's statements went beyond the limits of freedom of expression.

He pointed out that her comments were made at a time of heightened tensions with a neighbouring country and had garnered significant praise on social media in Pakistan.

Singh maintained that the allegations in the FIR constituted a cognisable offence, warranting a police investigation. agencies