Overview

• A division bench on September 19 found the allegations in the FIR prima facie disclose cognizable offences and directed Rathore to appear before the investigating officer on September 26.
• The case stems from an April 27 FIR at Lucknow’s Hazratganj police station invoking multiple Bharatiya Nyaya Sanhita provisions and offences under the Information Technology Act.
• The court noted posts that referenced the prime minister and home minister, used religious and Bihar election angles, and suggested the government was pushing the country toward war for political gain.
• Government counsel stressed the timing as crucial because the posts were circulated immediately after the April 22 Pahalgam terror attack that killed 26 people, with some posts gaining traction in Pakistan.
• Rathore argued her speech is protected under Article 19(1)(a), but the court emphasized reasonable restrictions and declined to rule on the merits while allowing the police investigation to proceed.