Breast Tax Facebook Post FIR: Supreme Court Extends Interim Protection To Rupnarayan Ekka, Says "People Have A Lot Of Time To Waste"
A Supreme Court Bench of Justices BV Nagarathna and R Mahadevan questioned the registration of an FIR against social worker Rupnarayan Ekka over a Facebook post on the breast tax, and extended interim protection to him until December 4
The Supreme Court on Monday questioned why the Chhattisgarh Police had registered a criminal case against a social worker over a Facebook post claiming that the tax once levied on women for covering their breasts was the doing of Brahmins and not of the Mughal emperor Aurangzeb. "What is there to file an FIR for? Concentrate on big cases. Not cases like this," Justice R Mahadevan told the State.
The Bench of Justices BV Nagarathna and R Mahadevan was hearing a plea by Rupnarayan Ekka against the Chhattisgarh High Court's refusal to grant him anticipatory bail.
As the State sought time and had not yet filed a reply, the Bench adjourned the matter to December 4 and extended the interim order restraining coercive action against Ekka until then.
The FIR, registered at Kunkuri police station in Jashpur district, invokes Section 299 of the Bharatiya Nyaya Sanhita (BNS), which punishes deliberate and malicious acts intended to outrage religious feelings by insulting religion or religious beliefs, and Section 353(2), which deals with statements carrying false information or rumours made with intent to promote enmity or hatred between groups.
Advocate Prashant Bhushan, appearing for Ekka, told the Bench that the post did not disclose any offence at all. Describing its contents, he said, "It's a Facebook post which just says, go teach the Hindus that the tax on women covering their breasts was not imposed by Aurangzeb but by some Brahmin. That's all. This is not an offence."
Justice Nagarathna indicated that this was precisely why the Court had taken up the petition. "That is why we have entertained it," she said, adding a moment later, "That means people have a lot of time to waste."
Counsel for the State submitted that although notice had been issued on September 9, Ekka had not presented himself at the police station since. The Bench's answer was brief. "You summon him. He will appear," it replied.
The State then informed the Court that a notice directing Ekka to appear was being issued that very day. Bhushan, for his part, pointed out that the State was yet to file any response to the petition.
On the State's request, the matter was adjourned to December 4. The interim protection granted in September, under which no coercive steps are to be taken against Ekka provided he cooperates with the investigation, will continue until the next date of hearing.
The case rests on a complaint by Deepak Mishra, described in the High Court's order as president of the Sarva Brahman Samaj, Jashpur. The complaint alleged that on April 13, 2025, Ekka, a social worker and member of the Bahujan Mukti Party, put up a Facebook post claiming that "Peshwai Brahmins", and not Aurangzeb, had imposed a tax on Hindu women for covering their breasts. The complainant said the post had been widely circulated and had wounded the sentiments of Hindus and Brahmins. The prosecution also alleges that the material was derogatory towards Hindu women.
Ekka's first application for anticipatory bail was dismissed on merits by the Chhattisgarh High Court on December 15, 2025. He filed a second application, contending that the earlier order had wrongly proceeded on the footing that he committed the present offence while on bail in another case, when, according to him, the post predated that FIR. He also argued that he was being targeted because of political rivalry, and that he had only forwarded and "liked" the post, so the ingredients of the offences were not made out.
The State opposed the plea on the ground that the first application had been decided on merits and nothing new had been shown. It further told the High Court that, besides the two cases Ekka had disclosed, there was a third case of a similar nature that he had not mentioned.
By its order of July 3, 2026, the High Court, through Chief Justice Ramesh Sinha, held that no substantial change in facts or circumstances had been shown that would justify taking a view different from the earlier order. Taking note of Ekka's antecedents, including the further similar case, the Court observed that he prima facie appeared to be a habitual offender, and concluded that "no case for grant of anticipatory bail is made out."
Ekka then moved the Supreme Court, which issued notice on his plea in September and directed that no coercive steps be taken against him, subject to his cooperation with the investigation.
Case Title: Rupnarayan Ekka v. State of Chhattisgarh
Bench: Justices BV Nagarathna and R. Mahadevan
Hearing Date: October 26, 2026