The case relates to Rathore’s social media posts made shortly after a terrorist attack in Pahalgam, Jammu and Kashmir, on April 22, 2025, in which 26 Hindu tourists were killed.
The FIR was lodged at Hazratganj Police Station, Lucknow, under multiple Sections of the Bharatiya Nyaya Sanhita, 2023 (BNS), as well as Section 69(a) of the Information Technology Act, 2008 (IT Act), which empowers the government to block objectionable online content. The charges range from inciting disruptive acts and obstructing public servants (Sections 196, 353 of BNS) to affecting national integrity (Section 152).
The police said Rathore’s posts criticised Prime Minister Modi for holding a political rally in Bihar soon after the Pahalgam terror attack and suggested the government was using the tragedy for political purposes.
Rathore’s counsel contended that her posts were protected by Article 19 (1)(a) (freedom of speech) of the Constitution, as they were expressions of dissent.
They argued that expressing dissent or criticising government policies, even in strong terms, does not amount to a criminal offence unless there is a clear intention to incite violence or threaten national security.
They said her posts were political commentary and public discourse, made in the context of discussing the government’s response to the Pahalgam attack, and not aimed at creating public disorder.
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