The Supreme Court on Monday (October 13, 2025) refused to quash the First Information Report (FIR) against folk singer and activist Neha Singh Rathore, accused of using derogatory remarks towards Prime Minister Narendra Modi and promoting hatred between communities with her allegedly provocative social media posts following the Pahalgam terror attack.
A Bench of Justices J.K. Maheshwari and Vijay Bishnoi said it was not inclined to interfere at this stage, but clarified that Ms. Rathore could raise her objections when charges are framed before the trial court.
Appearing for Ms. Rathore, senior advocate Kapil Sibal questioned how provisions relating to mutiny and waging war against the State could be invoked for her social media posts. “I cannot be tried for mutiny for a tweet... that charge carries a life sentence,” he said, calling the criminal proceedings an “abuse of process”.
However, refusing to quash the complaint, Justice Maheshwari said, “You can raise these objections during framing of charges. We can keep your right reserved.”
The apex court also made it clear that it was not expressing any opinion on the merits of the case.
In its September 19 order, the Allahabad High Court had directed Ms. Rathore to appear before the investigating officer on September 26 and cooperate with the probe until the filing of the police report. A Division Bench of Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi observed that the allegations against her prima facie disclosed a cognisable offence that warranted an investigation.
The folk singer was booked by Hazratganj police in Lucknow in April under various Sections of the Bharatiya Nyaya Sanhita over her posts on X.
Refusing to quash the complaint, the High Court had said that the Prime Minister’s name was used in a derogatory manner in the posts. It also noted that Ms. Rathore had accused the Bharatiya Janata Party (BJP) of initiating war with Pakistan for its vested interests.
“The name of the Prime Minister of India has been used in a derogatory and disrespectful manner. In such comments, the petitioner has used a religious angle, and 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 into war with a neighbouring country,” the High Court had said.