Punjab and Haryana High Court rejects anticipatory bail plea of Madhu Purnima Kishwar in case over retweeted video

Chandigarh bench dismisses petition, citing gravity of charges, non-cooperation with probe and need for custodial interrogation to trace origins of misleading clip.

4 min readChandigarhMay 29, 2026 06:24 PM IST

The Punjab and Haryana High Court on Friday dismissed the anticipatory bail application of academician and author Madhu Purnima Kishwar in a case registered against her for allegedly retweeting a 14-second video defaming Prime Minister Narendra Modi.

Justice Aman Chaudhary rejected the petition filed under Section 438 CrPC, holding that it was not a fit case for the extraordinary relief of pre-arrest bail given the nature and gravity of the accusations, Kishwar’s conduct during the investigation and the nascent stage of the probe.

The FIR (No. 44 dated April 19) was registered at Police Station-26, Chandigarh, and accused Kishwar of forgery, identity theft, defamation, spreading false information and acts likely to disturb public peace.

According to the status report filed by the Chandigarh police, the video was originally uploaded on April 12, by one Pardeep Kaur Dhillon, a social media influencer from Amritsar currently based in the United States, on her Facebook, Instagram and YouTube accounts. It actually showed Jaspal Singh Sarai receiving a massage. Kishwar retweeted the clip on her X (formerly Twitter) handle @madhukishwar on April 18 after downloading it. The post received 1.74 lakh views and triggered widespread speculation and comments linking it to the Prime Minister.

Senior advocates Kapil Sibal and Sartaj Singh Narula, appearing for Kishwar, argued that she had merely retweeted an “innocuous” 14-second clip without any ill-intent or forgery on her part. They emphasised her credentials as a seasoned academician with no criminal antecedents and contended that she could not be held responsible for comments made by others on her post. Previous tweets by her, they said, could not be considered as no action had been taken on them.

The Union Territory’s counsel, led by Senior Public Prosecutor Amit Jhanji, countered that Kishwar’s post was not a mere retweet. With over 18 lakh followers on X, she had significantly amplified the video’s reach and contributed to spreading misinformation that defamed the image of the “Head of the Government”. The police highlighted her alleged pattern of posting similar content targeting the Prime Minister in the preceding six months (Annexure A-1 to the status report) and her comment addressing one “Mehak” — “Baaki aath bhi share kar dalo Mehak Behna” — suggesting awareness of eight other similar videos.

The court noted that despite three notices served at her Delhi address (April 20, 26 and May 5), Kishwar did not join the investigation, while some other co-accused who had retweeted the same video had cooperated. The regular bail application of co-accused Hassan Mohiuddin Siddiqi, who had also retweeted the clip with additional comments, was rejected by the trial court and the sessions judge.

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In a detailed 16-paragraph order, Justice Chaudhary observed that “there is an obvious distinction between constructive criticism and tweeting/trolling to malign, cause aspersions and insinuations”. He added that when such posts are made by someone with a “large social media following”, the repercussions are magnified and can “create disharmony, encourage separatist sentiments and put the unity and integrity at peril”.

The judge quoted extensively from Supreme Court judgments, including Jai Parkash Singh vs. State of Bihar (2012) and P. Chidambaram vs. Directorate of Enforcement (2019), to underscore that anticipatory bail is an extraordinary remedy to be granted sparingly and only in exceptional cases after considering the nature and gravity of the offence, the antecedents of the applicant and the need for custodial interrogation.

“Misconception and misinformation can be made to spread at lightning speed with the availability of all kinds of social media applications. There comes greater social responsibility whilst creating content and forwarding the same. Where seeing becomes believing, regulatory provisions are in an emergent need,” the court remarked.

Justice Chaudhary emphasised that the investigation was at a nascent stage and several aspects remained to be probed, including the origin of the video, the individuals involved in orchestrating its circulation and the nature of any coordination between Kishwar and others. Granting anticipatory bail at this stage would interfere with the probe, he held.
The court clarified that its observations were not to be construed as an opinion on the merits of the case.

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The order comes days after the video was deleted from several platforms.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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