Kumar Bahukhandi
New Delhi : The Supreme Court on Monday October 13, 2025 refused to quash the FIR lodged by the Uttar Pradesh Police against folk singer Neha Singh Rathore under multiple offences, including “endangering the sovereignty, unity and integrity of India” over her allegedly ‘provocative’ social media posts on the Pahalgam Terror Attack. The Court refused to interfere with the Allahabad High Court’s order, which observed that the case needs to be investigated.
A bench comprising Justice JK Maheshwari and Justice Vijay Bishnoi said that the petitioner can raise the issue of quashing certain charges, including “waging war against India”, at the time of framing of charges.
The Court said that it has not expressed any merit on the case but has simply refused to entertain the plea, stating that the petitioner will have to face the trial. Senior Advocate Kapil Sibal, appearing for Neha, questioned how she could be accused of waging war, which is an extremely serious charge over a post. At the outset, he said: “I can’t be tried for mutiny.
There is no offence. How can I be tried for mutiny over a tweet? I am saying, quash proceedings qua certain Sections and for others, I will face trial. There can’t be mutiny, otherwise I will face trial for mutiny…It can’t be Section 159. We accept the tweets but how is it Section 153A? It is neither 153A nor 294 nor 159.”
However, the Court said that these points can be raised at the framing of charges. Sibal responded that he is entitled to raise it now since no offence is made out on these charges alleged. “Section 482 lies and I can’t be prosecuted for mutiny merely because I have said something against someone.”
Since the Court was not inclined, Sibal requested that he may be allowed to move the High Court over this issue. However, the Court declined the request. It ordered: “At this stage we are not entertaining the argument that charges under Section 159, 152, 196(1), 197(1)(b)(c) BNS. However, we grant liberty to the petitioner on these issues at the time of framing of charges or at the time before the Court seeking discharge. We clarify we have not expressed any opinion on the merits of the case.”
A bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi of the Allahabad High Court had noted that the allegations in the FIR and other material prima facie disclose a cognizable offence, justifying an investigation into the matter. The division bench further noted that in the alleged social media posts, the name of the Prime Minister of India has been used in a derogatory and disrespectful manner, and even the Home Minister has been targeted.
The FIR, lodged on April 27, 2025, at Hazratganj police station in Lucknow, accused Rathore of offences under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, including Sections 196, 197, 302, 152, and 353 as well as Section 69A of the Information Technology Act, 2008. Sections 152 and 159 BNS were later added.
