The Lucknow bench of the Allahabad High Court on Friday delivered a significant ruling, rejecting the anticipatory bail application of popular YouTuber and folk singer Neha Singh Rathore. She is under investigation for allegedly making inflammatory and anti-national statements on social media targeting Prime Minister Narendra Modi, Union Home Minister Amit Shah, and the Bharatiya Janata Party (BJP) in the aftermath of the tragic Pahalgam terror attack.
Court Cites Non-Cooperation in Investigation
Justice BR Singh, while passing the order, observed that Rathore was not cooperating with the ongoing probe. The bench highlighted that this was in contravention of the directives issued by a previous bench, which had already dismissed her plea to quash the First Information Report (FIR) registered against her. The court also noted that even the Supreme Court had declined to provide her relief on the quashing plea, only permitting her to seek discharge at an appropriate later stage.
The legal proceedings stem from an FIR lodged at the Hazratganj police station in Lucknow on April 27, 2025. The case was filed following a series of social media posts by Rathore that authorities deemed baseless, anti-religious, and anti-national. These comments were made in reference to the Pahalgam terror attack of April 22, 2025, a horrific incident where armed terrorists killed 26 tourists after inquiring about their religion.
Government's Stance on Freedom of Speech Violation
Opposing the bail plea in court, Government Advocate VK Singh presented a strong case against the YouTuber. He argued that Rathore had violated constitutional rights under Article 19, which guarantees freedom of speech and expression. The violation was not only due to derogatory remarks against the country's top leadership but also because the statements were made at a time of heightened tensions with Pakistan, giving them an anti-national character.
Singh further contended that Rathore's statements had garnered considerable praise on social media platforms in Pakistan, adding a layer of concern regarding their impact. The government counsel also informed the court that the accused had failed to make herself available for interrogation despite being served notices, underscoring her non-cooperative stance. Additionally, he mentioned that her comments regarding the Bihar elections had crossed the permissible limits of free expression.
Legal Journey and Implications
The court's decision marks a crucial point in this high-profile case. With the anticipatory bail rejected, the path is clear for the investigating agencies to proceed. The bench's reference to the Supreme Court's earlier decision reinforces the legal hurdles Rathore faces. The prosecution's emphasis on the timing of the posts—following a national tragedy—and their reception across the border played a pivotal role in the court's reasoning.
This case is being closely watched as it sits at the complex intersection of digital free speech, national security concerns, and legal accountability. The outcome of the ongoing police investigation and any subsequent legal steps will be significant for similar cases involving social media commentary on sensitive national issues.
