“To cooperate With investigation”: Supreme Court On Neha Singh Rathore Arrest
The FIR against Neha Singh Rathore was registered following a series of posts she allegedly published on her X account after the terror attack in Pahalgam, where 26 tourists were killed by terrorists reportedly linked to Pakistan-based groups
Supreme Court bench grants continued protection from arrest to folk singer Neha Singh Rathore in FIR linked to posts on PM Narendra Modi and the Pahalgam terror attack
The Supreme Court on Tuesday made absolute the interim protection from arrest granted to folk singer Neha Singh Rathore in connection with an FIR lodged over her alleged objectionable social media posts relating to Narendra Modi and the Pahalgam terror attack.
The FIR against Rathore was registered following a series of posts she allegedly published on her X (formerly Twitter) account after the terror attack in Pahalgam, where 26 tourists were killed by terrorists reportedly linked to Pakistan-based groups.
The bench of Justices J K Maheshwari and Atul S Chandurkar passed the order after being informed that Rathore had complied with the Court’s earlier direction and appeared before the investigating authorities.
Counsel for the State submitted that pursuant to the Court’s previous order, Rathore had joined the investigation and her statement had already been recorded.
Taking note of this submission, the Bench directed that the interim protection earlier granted to Rathore would continue and be made absolute. The Court, however, clarified that she must continue to cooperate with the investigation whenever required.
The matter arose from Rathore’s appeal challenging an order of the Allahabad High Court which had denied her anticipatory bail in the case.
Earlier in January, the apex court had granted her interim protection from arrest. At the time, it had directed her to appear before the Investigating Officer whenever called, including a first appearance scheduled for January 19. The Court had also cautioned that any failure to appear would be viewed seriously.
According to the prosecution, Rathore made “anti-India statements” on the social media platform during a sensitive period following the attack. The FIR claims that at a time when the government was preparing its response to the incident and strict measures had been imposed, Rathore allegedly continued to post content that could adversely affect national integrity and incite people against each other on religious and caste lines. Investigating agencies further alleged that her posts had the potential to disturb public order and undermine the unity and integrity of the country.
Previously, in October 2025, the Court had refused to quash an FIR lodged against Bhojpuri singer.
Notably, on September 19, the Allahabad High Court had dismissed a petition filed by Bhojpuri folk singer Neha Singh Rathore seeking quashing of an FIR registered against her over allegedly inflammatory social media posts. The Court had held that the FIR disclosed cognizable offences and directed Rathore to appear before the investigating officer later this month.
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. During the investigation, Sections 152 and 159 BNS were later added.
Investigators cited several of Rathore’s tweets that criticised Prime Minister Narendra Modi and the BJP, alleging the party was exploiting terror incidents to push for war with Pakistan and divert attention from domestic issues. One tweet suggested that the ruling party wanted to sacrifice soldiers for political gain, while another cast doubt on media reports of victims refusing to recite religious verses before being killed. The prosecution argued that these statements, circulated widely including in Pakistan, risked harming India’s sovereignty and communal harmony.
Rathore, represented by Senior counsel Kamal Kishore Sharma had argued that her posts amounted to political criticism protected under free speech. The counsel maintained that none of the alleged offences were attracted, stressing that Rathore neither incited violence nor spread false information. Her counsel relied on the Supreme Court’s ruling in Imran Pratapgarhi vs State of Gujarat (2025), which had upheld poetry critical of government policies as protected speech under Article 19(1)(a). Rathore also assured the court of her willingness to cooperate with the ongoing investigation.
The state government, represented by Government Advocate V.K. Singh, countered that the timing and tenor of Rathore’s tweets made them far more serious than mere political dissent. Citing precedents including Ramji Lal Modi (1957), Kedar Nath Singh (1962) and Bhajan Lal (1992), Singh argued that speech that undermines sovereignty, disrupts communal harmony or disrespects constitutional authorities cannot claim absolute protection. He also highlighted that similar petitions involving derogatory comments against leaders had earlier been dismissed.
Agreeing with the state, the court held that the allegations in the FIR and the material in the case diary clearly disclosed cognizable offences, thereby justifying investigation. It found Rathore’s reliance on Imran Pratapgarhi misplaced, noting that the poetry in that case had not invoked religion or named individuals, unlike Rathore’s posts, which referred directly to the Prime Minister and Home Minister in a derogatory manner.
The court had stressed that free speech loses protection when it is timed and worded in a manner that risks inciting communal tensions or undermining national unity. “The fundamental right under Article 19(1)(a) is not absolute,” the bench observed, “and restrictions may be imposed to prevent speech that incites violence, riots or public disorder".
Dismissing the writ petition as misconceived, the court had refused to quash the FIR or restrain the police from proceeding with the case. However, it directed that the investigation be conducted fairly, independently, and strictly in accordance with law. Rathore has been asked to appear before the investigating officer on September 26 at 11 a.m. and cooperate until the filing of the police report.
Case Title: Neha Singh Rathore@ Neha Kumari v. State of Uttar Pradesh
Bench: Justices JK Maheshwari and Atul S Chandurkar
Hearing Date: March 10, 2026