The Supreme Court today (October 13) declined to quash the FIR filed by Uttar Pradesh Police against folk singer Neha Singh Rathore under multiple charges, including “endangering the sovereignty, unity, and integrity of India,” over her allegedly provocative social media posts related to the Pahalgam Terror Attack.

The Court refused to interfere with the Allahabad High Court’s earlier order, which held that the matter requires investigation.

A bench comprising Justices J.K. Maheshwari and Vijay Bishnoi noted that the petitioner may raise objections to specific charges, including “waging war against India,” at the stage of framing charges. The Court clarified that it has not commented on the merits of the case but has merely refused to entertain the plea at this juncture, meaning Rathore will have to face trial.

Senior Advocate Kapil Sibal, representing Neha, argued that charges of waging war are excessively serious for a social media post. He contended: “I can’t be tried for mutiny over a tweet… We accept the posts exist, but how can this be Section 153A, 294, or 159? There is no offence here.”

The Court, however, stated that these arguments could be raised during the framing of charges. Sibal requested to approach the High Court on this matter, but the Supreme Court declined, stating: “At this stage, we are not entertaining arguments regarding Sections 159, 152, 196(1), 197(1)(b)(c) BNS. Liberty is granted to raise these issues at the framing of charges or during discharge proceedings. We have not expressed any opinion on the merits.”

The Allahabad High Court bench of Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi had observed that the FIR and related material prima facie disclosed cognizable offences warranting investigation. The bench noted that the social media posts allegedly targeted the Prime Minister and the Home Minister in a derogatory manner.

The FIR, registered on April 27, 2025, at Hazratganj police station, Lucknow, accused Rathore under various sections of the Bharatiya Nyaya Sanhita, 2023, including Sections 196, 197, 302, 152, and 353, along with Section 69A of the IT Act, 2008. Sections 152 and 159 BNS were subsequently added.

Case Details: NEHA SINGH RATHORE @ NEHA KUMARI vs STATE OF UTTAR PRADESH | SLP(Crl) No. 16250/2025 | Diary No. 55953/2025