Madhya Pradesh High Court Upholds Decision to Not Quash FIR Against Bhojpuri Singer Neha Singh Rathore

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The Madhya Pradesh High Court has recently made a decision regarding the criminal case registered against Bhojpuri singer Neha Singh Rathore over a controversial tweet linked to a viral video. In the tweet, a man was depicted urinating on a tribal laborer in Sidhi. Justice Gurpal Singh Ahluwalia of the High Court questioned the inclusion of attire associated with a specific ideology, specifically Khaki shorts of the Rashtriya Swayamsevak Sangh (RSS), in the cartoon shared by Rathore on social media. The Court highlighted that the cartoon did not accurately depict the incident and contained additional elements added by Rathore, which was not in line with the fundamental right of free speech and expression. The Court emphasized that while artists have the liberty to criticize through satire, incorporating a particular dress in the cartoon could not be categorized as satire.

Furthermore, the Court stated that the right to free speech and expression is not absolute but subject to reasonable restrictions. The addition of certain elements by Rathore in the cartoon was seen as an attempt to involve a group of a particular ideology without proper basis, thereby failing to fall under the provisions of the Indian Constitution. This led to the Court’s decision to refuse the plea to quash the FIR against Rathore under Section 153A of the Indian Penal Code. The cartoon in question depicted a man urinating on another person, symbolizing the political leanings of the accused individual. While Rathore’s counsel argued for the quashing of the FIR, the State opposed, citing escalated tension from the incident and invoking the National Security Act against the accused.

During the trial, it was revealed that the cartoon did not align with the actual incident, prompting the Court to emphasize that the reason for incorporating specific attire in the cartoon would be determined during the trial proceedings. The Court concluded that Rathore’s intent to communicate a message regarding the offense being committed by a person of a certain ideology was apparent, leading to a denial of the plea to quash the FIR. The Court underlined the importance of establishing one’s defense during the trial and declined interference based on the circumstances of the case.