The Madhya Pradesh High Court has decided on the criminal case against Bhojpuri singer Neha Singh Rathore. Rathore found herself embroiled in controversy following a tweet she posted concerning a viral video depicting a disturbing incident in Sidhi, where a man was seen urinating on a tribal laborer.
Justice Gurpal Singh Ahluwalia presided over the case and refused to quash the criminal proceedings initiated against Rathore. The court questioned Rathore’s portrayal of the accused individual wearing attire associated with the Rashtriya Swayamsevak Sangh (RSS) in the cartoon accompanying her tweet. Despite the absence of such clothing on the accused in the actual incident, Rathore had included it in her depiction, sparking legal scrutiny.
The court’s decision hinged on the distinction between artistic expression and the dissemination of potentially inflammatory content. While recognizing an artist’s prerogative to employ satire as a form of critique, Justice Ahluwalia stated the need for such satire to be grounded in factual accuracy. Rathore’s inclusion of specific attire without factual basis was deemed to potentially incite discord rather than provide legitimate social commentary.
Rathore’s tweet, which prompted legal action against her under Section 153A of the Indian Penal Code (IPC) for promoting enmity between different groups, depicted a partially clothed individual urinating on another person with a pair of khaki shorts nearby. These shorts were intended to symbolize the political affiliations of the accused, purportedly associated with the Bharatiya Janata Party (BJP).
During the legal proceedings, Rathore’s defence sought the quashing of the FIR, arguing that no offence under Section 153A was evident in her tweet. However, the State contested this, emphasizing the tweet’s potential to inflame tensions, resulting in invoking the National Security Act against the accused.
In its ruling, the court acknowledged the discrepancy between Rathore’s cartoon and the actual incident. It noted Rathore’s inclusion of attire not worn by the accused during the event, suggesting an attempt to attribute the offence to a particular political ideology, potentially aggravating social harmony.
While Rathore’s defence maintained that her intention was not to promote hostility, the court deemed such arguments pertinent to be addressed during trial proceedings. Consequently, the FIR against Rathore remains in force, with the court finding no grounds for intervention based on the prevailing facts and circumstances.
Advocate Arubendra Singh Parihar represented Neha Singh Rathore during the legal proceedings, while Public Prosecutor Mohan Sausarkar represented the State.
