Bombay HC rejects Pune teacher’s plea against FIR for ‘objectionable’ WhatsApp posts against PM, country after Operation Sindoor

In doing so, the Bombay HC said it was in “agreement with the view” taken in the July 2 order of Allahabad HC that rejected bail plea of a man booked for objectionable posts against PM and armed forces.

The Bombay HC reiterated, “it has become a fashion among certain groups of people to misuse social media in the garb of freedom of speech and expression by making baseless allegations against high dignitaries, posting such material that creates hatred and disharmony among the people.”

It added, “such action shows disrespect not only against the Prime Minister of the country but also against the Indian military and its officers.”

A division bench of Justices Ajey S Gadkari and Rajesh S Patil on Tuesday passed a verdict on plea by a 46-year-old woman from Pune, seeking quashing of an FIR lodged by Kalepadal police station in Pune on May 15.

She was booked for offences punishable under sections 152 (acts endangering sovereignty, unity, and integrity of India), 196 (promoting enmity between different groups on ground of religion, race etc), 197 (imputations, assertions prejudicial to national integration), 352 (intentional insult to provoke breach of peace) and 353 (statements conducing to public mischief) of the Bharatiya Nyay Sanhita (BNS), 2023.

The FIR alleged that the petitioner and complainant reside in the same housing society and were members of a women-only WhatsApp group of nearly 380 members. On May 7, the members praised the Indian armed forces for conducting Operation Sindoor, while the petitioner allegedly claimed that the group should not be used as a National News Channel.

Another member replied it was the time to show solidarity towards the nation, to which the petitioner allegedly reacted with a laughing emoji, leading to certain exchanges of messages. Subsequently, as per FIR, she posted messages against PM and the country, based on which FIR was lodged.

Advocate Harshad Sathe said his client was not in a sound condition during exchange of messages and she deleted the same as soon as she realised reactions of other members and had apologised to the complainant. Sathe argued that the “petitioner is already at a loss” being expelled from the school and an FIR without merit should be quashed and set aside.

The HC observed that the petitioner was a ‘well educated’ person and though she tendered her apology to the complainant, “innumerable damage has already been caused” by her already circulated messages. It also referred to “unrest in local areas” after her messages, resulting in people approaching the local police station in groups.

The court said that it was expected of a ‘prudent person,’ and ‘well educated’ petitioner teacher to consider ‘pros and cons’ before posting such messages and her defence that she had realised the messages being ‘controversial’ and were posting them due to “deranged mental condition will not be helpful.”

The court said her “intention becomes an essential ingredient to be judged with the kind of language she has used for India, more particularly when the whole country was feeling proud of our army” and “she could have probably avoided reacting with a laughing emoji.”

The HC added the woman did not respond to allegations made in notice sent by police and as chargesheet is yet to be filed in the case, FIR cannot be quashed at this stage.