Overview

• Delivering its September 19 order, a Lucknow bench of Justices Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi found prima facie grounds to allow a police probe to proceed.
• The court said allegations in the FIR and portions of the case diary disclose a cognizable offence, warranting investigation under provisions of the Bharatiya Nyaya Sanhita.
• Observing the case diary, the bench noted posts that used the Prime Minister’s name in a derogatory manner, targeted the Home Minister, invoked religious and Bihar election angles, and alleged the BJP risked war for political gain.
• The judges directed Neha Singh Rathore to cooperate with investigators and to appear before the investigating officer on September 26 until the police file their report.
• The FIR, lodged by Hazratganj police in April on a complaint by Abhay Pratap Singh, concerns posts made after the April 22 Pahalgam attack in which 26 people were killed, with the state citing timing and cross-border circulation as concerns and the defence invoking Article 19(1)(a).