Madhu Kishwar Seeks Quashing of Case in Punjab & Haryana HC Over Social Media Post

thelawmonitor
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Madhu Kishwar Seeks Quashing of Case in Punjab & Haryana HC Over Social Media Post

On Tuesday, the Punjab and Haryana High Court directed the Chandigarh Police to submit a response regarding academic Madhu Purnima Kishwar’s petition. Kishwar is seeking to quash a case filed against her for allegedly sharing a misleading video on social media about Prime Minister Narendra Modi. The controversial post purportedly depicted a man receiving a facial massage, which was falsely claimed to be the Prime Minister. Fact-checkers have debunked this claim, leading to legal action against Kishwar by the Chandigarh Police.

Kishwar’s application for anticipatory bail was previously denied by the High Court on May 29. Consequently, she has filed a petition to quash the case lodged by the Sector 26 police station. During today’s proceedings, Justice Vikram Aggarwal requested a response from the Chandigarh Police to Kishwar’s petition. However, the Court raised a crucial question regarding its jurisdiction to entertain her plea, given the prior dismissal of her anticipatory bail request.

Justice Aggarwal referenced a key High Court decision in the case of Kuldeep Singh Vs. State of Punjab and others (CRM-M-12541-2026, decided on 06.05.2026). According to this precedent, an accused cannot pursue the quashing of an FIR immediately after the denial of anticipatory bail unless significant changes in the case circumstances emerge. The Court emphasized the necessity for both parties to address the maintainability of Kishwar’s petition in light of this ruling.

In May, the Court highlighted that the investigation into Kishwar’s case was in its early stages, with several aspects yet to be explored. These include the origin of the social media post, the individuals involved, and the nature of Kishwar’s connections with them. Kishwar contends that the video was circulated by other users on the X platform and that she merely responded to one tweet without identifying anyone specifically.

Defense and Prosecution Arguments

Kishwar’s legal counsel argued that she promptly clarified her position by stating that the individual in the video was unlikely to be the Prime Minister. Her defense also pointed out that numerous subsequent tweets supported her stance, asserting she did not make any direct claims about the Prime Minister.

Conversely, the Chandigarh Police maintained that the investigation remains ongoing, rendering Kishwar’s petition premature and subject to dismissal. The next hearing is scheduled for August 25.

In a related case, a Chandigarh court on July 27 denied bail to a Hyderabad-based individual arrested on April 25 for allegedly sharing the same video and tagging an AI chatbot, Grok. Senior advocates, including Kapil Sibal and SS Narula, along with a team of lawyers, represent Kishwar. Public Prosecutor Manish Bansal and Additional Public Prosecutor Shubham Mangla, along with other advocates, appeared on behalf of the Chandigarh Police.

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