The Supreme Court on Monday refused to entertain an appeal filed by Uttar Pradesh folk singer Neha Singh Rathore challenging the registration of criminal cases against her by the state government in April for her controversial social media posts criticising the NDA government over the Pahalgam terror attack.
In some of her social media posts, Rathore had allegedly questioned the central government, including Prime Minister Narendra Modi and Union Home Minister Amit Shah, of its alleged failure to prevent the Pahalgam attack, in which 26 people were killed.
Following which, some private individuals had filed cases against Rathore under various provisions of the BNS, including “waging war” against the country, creating communal ill-feelings, among others.
Allahabad High Court had earlier refused to quash the criminal case against her on the ground that the police needed to conduct investigations into the FIR, aggrieved by which Rathore had filed the present appeal in the apex court.
Senior advocate Kapil Sibal appearing for Rathore argued that there was no question of the singer being tried or prosecuted for waging war or mutiny against the central government.
He pleaded that at least the provisions related to waging war against the country should be quashed against her as she was willing to face trial for other offences registered against her.
“How can I be tried for mutiny? I am saying quash certain sections and I will face trial,” Sibal argued, to which Justice Maheshwari, who was heading the bench, said the petitioner was free to raise such grievances before the trial court.
Sibal pleaded that BNS sections 153 (waging war against government) and 159 (abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty) should be quashed. But the bench reiterated that these are arguments which ought to be raised before the trial court.
The senior counsel then raised apprehensions that Rathore may be arrested on the charges, but the bench said it was not making any observations on the merits of the issue as it proceeded to hear the next matter.