New Delhi, Oct. 26: The Supreme Court on Monday questioned Chhattisgarh Police over why it had registered an FIR concerning a Facebook post on the so-called “breast tax”, observing that investigating agencies should devote their attention to serious offences rather than inconsequential cases.
A bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan was hearing a plea by social worker Rupnarayan Ekka challenging the Chhattisgarh High Court’s refusal to grant him anticipatory bail.
“What is there to file an FIR for? Concentrate on big cases. Not cases like this,” Justice Mahadevan observed.
Appearing for Ekka, advocate Prashant Bhushan argued that the Facebook post did not disclose any offence, submitting that it merely expressed the view that the tax on women covering their breasts had been imposed not by Aurangzeb but by some Brahmin. He said that even if the historical assertion was disputed or incorrect, it could not, by itself, constitute an offence.
Justice Nagarathna remarked: “That means people have a lot of time to waste.” She also noted that the court had entertained the anticipatory bail plea for that very reason.
Counsel for the State told the bench that although the Supreme Court had issued notice on September 9 and protected Ekka from coercive action, he had not appeared before the police for investigation.
The bench said he could be called for investigation and would appear, following which the State informed the court that a notice requiring his presence was being issued.
The case arises from an FIR registered at Kunkuri police station in Jashpur district under Sections 299 and 353(2) of the Bharatiya Nyaya Sanhita, relating respectively to deliberate insult of religious beliefs and dissemination of information likely to promote enmity between communities.
The prosecution alleges that Ekka posted objectionable material concerning Hindu women on April 13, 2025, following which Deepak Mishra, chairman of a Brahmin organisation, lodged a complaint.
Ekka’s anticipatory bail plea was rejected by the Chhattisgarh High Court on December 15, 2025. A second application was also dismissed on July 3, with the High Court noting the absence of any substantial change in circumstances and referring to his alleged involvement in similar cases.
The Supreme Court adjourned the matter to December 4 on the Chhattisgarh government counsel’s request and continued its earlier protection against coercive action, subject to Ekka’s cooperation with the investigation
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
