Punjab & Haryana High Court Denies Anticipatory Bail to Madhu Purnima Kishwar in Social Media Post Case

May 30, 2026 : The Punjab and Haryana High Court has refused to grant anticipatory bail to author and social activist Madhu Purnima Kishwar in a case arising from a social media post allegedly containing defamatory and misleading content concerning Prime Minister Narendra Modi.

Justice Aman Chaudhary dismissed Kishwar’s plea, holding that the material on record disclosed a prima facie case requiring continued investigation and that no grounds existed for granting pre-arrest protection at this stage.

The FIR was registered by Chandigarh Police on April 19, 2026, following a complaint alleging that Kishwar shared a 14-second video clip on X, accompanied by captions and comments falsely identifying the individual in the video as Prime Minister Modi. The complainant contended that the post was misleading, defamatory, and capable of spreading misinformation.

Kishwar was booked under multiple provisions of the Bharatiya Nyaya Sanhita relating to forgery, cheating, criminal defamation, public mischief, and promoting enmity, along with offences under the Information Technology Act. The prosecution maintained that although the video originated elsewhere, Kishwar independently uploaded it to her account, significantly amplifying its reach to more than 1.74 lakh views.

The High Court also noted her alleged failure to cooperate with the investigation despite repeated notices. Observing that influential social media users bear greater responsibility when disseminating content capable of shaping public opinion, the Court emphasized the dangers posed by misinformation in the digital age and the potential impact such content can have on public discourse, institutional credibility, and social harmony.

Rejecting the argument that she merely reposted existing content without malicious intent, the Court held that the investigation remained at a preliminary stage and several crucial aspects, including the video’s origin, dissemination network, and possible involvement of others, were yet to be examined. Finding that the allegations warranted a thorough probe and that the element of criminality could not be ruled out at this stage, the Court dismissed the anticipatory bail application.