Punjab and Haryana High Court Questions Maintainability of Kishwar's Quashing Plea Over PM Video Tweet

The Punjab and Haryana High Court has sought the response of the Union Territory, Chandigarh, to a plea by Madhu Purnima Kishwar seeking quashing of an FIR registered over a social media post involving a video of a facial massage allegedly linked to the Prime Minister. Justice Vikram Aggarwal also flagged a critical preliminary issue — whether the quashing petition could be entertained at all after the dismissal of the petitioner's anticipatory bail application.

A Twitter Storm Turns Criminal

The controversy dates back to April 19, 2026, when FIR No. 44 was registered at Police Station, Sector 26, Chandigarh, pursuant to a complaint by Advocate Satinder Singh. The FIR invoked multiple provisions of the Bharatiya Nyaya SanhitaSections 196, 318, 336(1), 336(3), 336(4), 340, 353 and 356 — alongside Sections 66C, 66D and 67 of the Information Technology Act, 2000.

The dispute originated from a video clip showing a woman administering a facial massage to a man, which began circulating on X (formerly Twitter). The petitioner's alleged involvement centered on a tweet responding to a post from the handle @MehakArora1541 — a response that, according to Senior Counsel Kapil Sibal, named no one and made no reference to any constitutional authority.

The situation escalated when another X user, Zubair Mohammed, suggested that the petitioner's tweet implied the man in the video was the Prime Minister. The petitioner promptly responded, clarifying that "the person in the video is not likely to be the Prime Minister." Despite this swift clarification, the FIR was registered, and the petitioner's anticipatory bail application was subsequently dismissed on May 29, 2026 .

Two Fronts: The Maintainability Hurdle and the Merits

Appearing for the petitioner, Senior Counsels Kapil Sibal and S.S. Narula advanced a twofold submission. First, they contended that even if all allegations in the FIR were accepted at face value, no offence is made out. The petitioner neither initiated the tweet nor named anyone, and made no reference to any constitutional authority. Second, they argued that at best, the case could amount to defamation — which is not a cognizable offence and would not justify the invocation of the penal provisions alleged.

On behalf of the UT Chandigarh, Public Prosecutor Manish Bansal countered by pointing to the earlier dismissal of the anticipatory bail plea, asserting that the quashing petition ought to be dismissed, particularly since the investigation remains at a nascent stage.

The Precedent That Looms Large

Justice Aggarwal did not delve into the merits of the quashing petition at this stage. Instead, he drew the parties' attention to a Coordinate Bench decision in Kuldeep Singh Vs. State of Punjab and others (CRM-M-12541-2026, decided May 6, 2026). That judgment is understood to establish the principle that once an anticipatory bail petition has been dismissed, a subsequent petition seeking quashing of the same FIR would not ordinarily be maintainable — unless there has been a material change in circumstances.

By directing the parties to address this maintainability question, the Court has effectively structured a two-stage inquiry: first, whether the petition survives the threshold bar posed by the Kuldeep Singh precedent; and second, if it does, whether the allegations in the FIR make out any offence at all.

What the Court Said

The pivotal observation in the order reads:

"Parties would also be required to inform the Court as to how, in view of the judgment of a Coordinate Bench in the case of Kuldeep Singh Vs. State of Punjab and others (CRM-M-12541-2026 decided on 06.05.2026), the present petition for quashing of the FIR would be maintainable/entertainable once the anticipatory bail petition filed by the petitioner has been dismissed."

Next Stop: August 25

The High Court has listed the matter for August 25, 2026, directing the UT Chandigarh to file an affidavit responding to the assertions made in the petition. The parties have also been directed to be prepared to address the maintainability issue arising from the Kuldeep Singh precedent.

The outcome of the next hearing is likely to determine not only the fate of Kishwar's quashing petition, but also the practical scope of the Kuldeep Singh principle — and whether petitioners who have been denied anticipatory bail retain a viable path to challenge the FIRs registered against them.