Relief For Singer Neha Singh Rathore as UP Court Dismisses Complaint Seeking Defamation Charges

New Delhi: A court in Uttar Pradesh has dismissed a criminal complaint filed against folk singer Neha Singh Rathore which had accused her of tarnishing the image of senior Bharatiya Janata Party leaders including Prime Minister Narendra Modi by allegedly making “anti-national” posts on social media, allegedly accusing them of trying to take political mileage out of the killings in Pahalgam.

The court of additional civil judge (senior division), Ayodhya, Ekta Singh, dismissed the complaint lodged by one Shivendra Singh, on grounds that he had no locus to file the complaint.

The court ruled that since his complaint involved accusing Rathore of trying to harm the reputation of Modi, Union home minister Amit Shah, defence minister Rajnath Singh and other BJP leaders, the complaint regarding ‘defamation’ of people holding the posts of Union or state ministers, could only be filed by a public prosecutor with the prior sanction of the Union or the state government. Since this was not the case, Singh’s complaint seeking action against Rathore was not maintainable, the judge said.

Singh is a representative of the block pramukh of Ayodhya. In his complaint, moved under Section 210 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), Singh accused Rathore of “falsely” linking Modi, Shah, Rajnath Singh and other BJP leaders to the Pahalgam incident, in which 26 persons were killed, to incite public unrest and gain electoral advantage in Bihar.

Singh alleged that Rathore had a knack for spreading “lawlessness and social unrest” on social media through her posts and videos. Many "high-level conspirators, political and mafia people" were involved in her “gang” behind the scenes, directly or indirectly, and they helped her in spreading social unrest, he alleged.

Her acts tarnished the image of these leaders and created a “situation of social unrest” in the entire country, he said. “And due to this,  a terrible civil war-like situation has arisen,” Singh said, adding that her act fell under the category of “desh droh” or treason.

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In his complaint, Singh also accused Rathore and her “gang members” of having links with “anti-national countries, traitors and terrorists.”

Judge Ekta Singh said that since Singh was accusing Rathore of tarnishing the image of the BJP leaders and ministers, he was basically accusing her of defamation. 

She said that sub-section 2 of section 222 of BNSS provides that regarding offence falling under defamation concerning the President of India, vice-president of India, Governor of any state, administrator of any union territory or a minister of the Union or state government, a court of sessions may take cognizance on a complaint made in writing by the public prosecutor.  Section 4 of section 222 of BNSS provides that no complaint by the public prosecutor shall be made except with the sanction of the state government or the central government. 

In other words, a defamation complaint against Modi, Shah and Rajnath Singh could be filed only by a public prosecutor with the prior sanction of the central or state government. Moreover, the complaint can be tried by the public prosecutor only in the sessions court.

Judge Singh also said that the complainant had stated that Rathore had committed a crime of treason but he did not define the act of treason under the Bharatiya Nyay Sanhita (BNS). The court used similar arguments to reject his plea for taking action against Rathore under the Information Technology Act.