Tripura High Court declines to quash FIRs against content creator Madhabi Biswas; Orders further probe

The High Court of Tripura has refused to quash two FIRs and charge-sheets filed against content creator Madhabi Biswas Chakraborty, also known as Madhavi Biswas, ruling that the allegations require deeper scrutiny at trial. 

A Division Bench comprising Justice Dr. T Amarnath Goud and Justice S Datta Purkayastha directed the Investigating Officer to carry out further investigation and submit a supplementary charge-sheet under Section 193(9) of the BNSS.

The petitions, heard together on August 5, stemmed from complaints alleging that Biswas used abusive and derogatory language against the Prime Minister of India, the Mayor of Agartala, and Mata Tripureshwari. The FIRs were registered in East and West Agartala police stations in 2025 under Sections 356, 356(2), 356(3) of the Bharatiya Nyaya Sanhita, 2023, along with Section 67 of the IT Act.

Biswas, arrested earlier in connection with the cases, was released on interim bail in January 2026 and later granted permanent bail in February. However, subsequent complaints accused her of threatening the original complainant, while she herself alleged assault and vandalism at her home.

Her counsel, Senior Advocate Purushottam Roy Barman, argued that the complaints were politically motivated, lacked the legal ingredients of defamation, and violated her constitutional right to free speech under Article 19(1)(a). He cited Supreme Court precedents to support quashing the FIRs. The State, represented by Public Prosecutor Raju Datta, countered that derogatory remarks against national leaders and religious sentiments warranted trial, stressing that freedom of speech is subject to reasonable restrictions.

In its judgment, the Bench observed that social media’s reach can amplify reputational harm and noted that witness statements and seized devices still require examination. The Court emphasised that at this preliminary stage, allegations must be tested in trial rather than dismissed outright.

The writ petitions were dismissed, with the Court clarifying that Biswas retains the liberty to raise her defence before the trial court once the supplementary charge-sheet is filed.