UP court dismisses case against singer Neha Singh Rathore for posts about Pahalgam attack
Ekta Singh, additional civil judge (senior division) and Ayodhya additional chief judicial magistrate, said the complaint against Rathore was not maintainable. She added that the complainant, a person named Shivendra Singh, had no locus to file it.
Shivendra Singh filed the complaint against the singer under the Bharatiya Nagarik Suraksha Sanhita section that allows magistrates to take cognisance of offences, according to Live Law.
The complaint alleged that Rathore falsely linked Prime Minister Narendra Modi, Home Minister Amit Shah and Defence Minister Rajnath Singh to the Pahalgam attack to incite public unrest and gain electoral advantage.
Rathore's 'false and illegal' remarks created nationwide unrest, the complainant alleged, adding that it had pushed the country towards civil war. Shivendra Singh added that the singer's acts amounted to sedition and constituted a cognisable offence.
Her remarks also maligned the image of Bharatiya Janata Party leaders, said the complainant.
On Tuesday, the judge referred to Bharatiya Nagarik Suraksha Sanhita Section 222(2), pertaining to prosecution for defamation.
Under this section, the sessions court may directly take cognisance of a written complaint filed by a public prosecutor if defamation is alleged to have been committed against the president, vice-president, a Union or state minister, or any public servant with regard to their official conduct.
Ekta Singh highlighted a mandate in this legislation, which provides that no complaint can be made by a public prosecutor under sub-section (2) except with a previous sanction from the Centre or a state government, Live Law reported.
The court said that in the current case, an instant complaint by Shivendra Singh could not have been filed without obtaining the appropriate sanction, according to Live Law.
The court applied a similar reasoning to the allegations in the complaint that Rathore had committed acts falling under Chapter VII of the Bharatiya Nyaya Sanhita, which deals with offences against the state. Here too, prior sanction was required from the Centre or a state government.
Since the complainant had not submitted any document on record to show that the required sanction had been obtained, he did not have the right to file one under the offences, the judge said.
Referring to the claims of sedition against Rathore in the complaint, the judge noted that the offence had not been defined under the Bharatiya Nyaya Sanhita. The closest section to it was Section 152, which also came under Chapter VII, she said, adding that the same reasoning on the requirement of a sanction would then be applied.
The terror attack at Baisaran near the town of Pahalgam on April 22 left 26 persons dead and 17 injured. The terrorists targeted tourists after asking their names to ascertain their religion, the police said. All but three of those killed were Hindu.
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