The Supreme Court on Monday questioned the registration of an FIR against a social worker over a Facebook post discussing the historical practice of breast tax and allegedly making objectionable remarks about Hindu women.

The Court was hearing a plea by Rupnarayan Ekka challenging the Chhattisgarh High Court's refusal to grant him anticipatory bail in the case.

A Bench of Justices BV Nagarathna and R Mahadevan questioned the need to register an FIR over the social media post, with Justice Mahadevan remarking, “What is there to file an FIR for? Concentrate on big cases. Not cases like this.”

Appearing for Ekka, advocate Prashant Bhushan argued that the Facebook post did not disclose any criminal offence. He submitted that the post merely stated that the tax imposed on women for covering their breasts was not introduced by Aurangzeb but by a Brahmin.

“This is not an offence,” Bhushan argued, describing the case as frivolous.

“That is why we have entertained it (the anticipatory bail plea),” Justice Nagarathna responded.

Bhushan maintained that the post reflected his historical understanding, adding, “This is not an offence. That’s my view of history. Maybe wrong, but it’s my view.”

“That means people have a lot of time to waste,” Justice Nagarathna remarked.

During the hearing, the State's counsel informed the Bench that the Court had issued notice on September 9, but Ekka had not appeared before the police since then. The Bench responded, “You summon him. He will appear.”

The State's counsel then informed the Court that a notice directing Ekka to appear was being issued on Monday. Bhushan also questioned the State's failure to file its response to the anticipatory bail petition.

At the State's request, the Bench adjourned the matter to December 4 and extended the interim protection from coercive action until the next hearing.

The case arises from an FIR registered at Kunkuri police station in Chhattisgarh's Jashpur district under Sections 299 and 353(2) of the Bharatiya Nyaya Sanhita (BNS). Section 299 deals with deliberately insulting religious beliefs with the intention of outraging religious feelings, while Section 353(2) concerns the making or circulating of statements intended or likely to promote enmity, hatred or ill-will between communities.

According to the prosecution, Ekka posted allegedly derogatory content about Hindu women on social media on April 13, 2025. Deepak Mishra, chairman of the Brahmin society, subsequently filed a complaint against him.

Ekka initially approached the Chhattisgarh High Court seeking anticipatory bail, but the application was rejected on merits on December 15, 2025. He later filed a second application, challenging the earlier order's observation that he had allegedly committed the offence after being released on bail in another case.

The High Court rejected the second application on July 3, holding that there had been no substantial change in circumstances to warrant a different conclusion. It also took note of his alleged involvement in other cases of a similar nature.

Ekka subsequently moved the Supreme Court challenging the High Court's orders. In September, the Supreme Court issued notice on his plea and directed that no coercive steps be taken against him, subject to his cooperation with the investigation. The interim protection has now been extended until December 4.