The Allahabad High Court has rejected a petition filed by Bhojpuri singer Neha Singh Rathore seeking the quashing of a first information report against her social media posts about the terrorist attack in Jammu and Kashmir’s Pahalgam on April 22, Bar and Bench reported on Sunday.
In an order on Friday, a bench of Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi said that Rathore had used Prime Minister Narendra Modi’s name in a derogatory manner in her posts.
The allegations against her prima facie disclose cognisable offence, which justified an investigation by the police, the court said. It also said that the timing of her posts was worth considering as it came immediately after the Pahalgam attack.
The bench asked Rathore to appear before the investigating officer in the matter on September 26.
It also directed her to cooperate with the investigation till the police filed its report.
The terror attack at Baisaran near the town of Pahalgam on April 22 left 26 persons dead and 17 injured. The terrorists targeted tourists after asking their names to ascertain their religion, the police said. All but three of those killed were Hindu.
In late April, Rathore was booked for a video posted on social media in which she said that the terrorist attack was an intelligence and security failure on the part of the Bharatiya Janata Party-led Union government.
Rathore also claimed in the video that Modi would now seek votes in Bihar in the name of the Pahalgam attack just as he did after the 2019 Pulawama terror attack, which killed 40 Central Reserve Police Force personnel.
Bihar is expected to head for Assembly polls in October or November.
An FIR was registered against her based on a complaint at the Hazratganj police station in Lucknow. Rathore was booked for sedition under the Bharatiya Nyaya Sanhita and under the Information Technology Act.
The singer had moved the court seeking the quashing of the case.
During the proceedings in court, Rathore’s counsel said that she had a fundamental right under Article 19(1)(a) of the Constitution to express her views on social media, Bar and Bench reported. No authority of the state can violate such a fundamental right, the counsel added.
However, the bench said that while Article 19 gives citizens the right of freedom of speech and expression, it is subject to reasonable restrictions for preserving public order, decency or morality, The Hindu reported.
In its verdict, the court said that Rathore used the prime minister’s name in a allegedly derogatory manner and had accused the BJP of initiating a conflict with Pakistan for its vested interests.
“Name of the prime minister of India has been used in a derogatory and disrespectful manner,” Bar and Bench quoted the order as saying.
It added: “In such comments, the petitioner has used religious angle, Bihar election angle accusing the prime minister by name and saying that the BJP government is sacrificing the life of thousands of soldiers for its vested interest pushing the country in a war with a neighbouring country.”
You’ve read Scroll.
Now help sustain it
Scroll is funded by readers, not corporate owners. If you believe our work matters, support our newsroom. Become a member today!
We’re not driven by clicks or corporate interests – just honest, independent reporting. Keep us going. Support Scroll today!