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Journalism of Courage
The Bombay High Court bench led by its Chief Justice Shree Chandrashekhar on Friday orally remarked that it cannot quash an FIR against a 19-year-old student from Pune, who was booked over a social media post during Operation Sindoor, merely because she apologised and is a “bright student” who passed her exams with “flying colours.”
The court also remarked that mere deletion of the post and apology did not mean the case against her can be quashed.
The court said that while all these factors could be considered for granting bail to her, which she availed from the high court in May this year, they could not be grounds for plea seeking quashing of FIR against her.
A bench led by CJ Chandrashekhar and Justice Gautam A Ankhad was hearing a plea by the student seeking direction to quash and set aside an FIR registered against her by Pune Police.
The Sinhgad Academy of Engineering in Pune had rusticated the second year Information Technology student on May 9, after an FIR was registered against her at the Kondhwa police station in Pune. The Pune police had said the student had “shared a post on Instagram account on May 7 regarding the war between Bharat and Pakistan, which has allegedly caused tension between two different religions and was likely to adversely affect public peace.”
A vacation bench of HC led by Justice Gauri V Godse on May 27 had pulled up the state authorities and the Sinhgad Academy of Engineering in Pune for “absolutely shocking” action of arrest and rustication and had ordered her immediate release. The HC had said police and the institute authorities were “bent upon ruining her life” and questioned their action despite the student having deleted her post and expressed remorse.
The petitioner contended that she had merely re-posted the Instagram post without any ill-intention and had deleted it later.
In June this year, another bench of the high court also set aside a rustication letter issued to her noting that it was issued in breach of natural justice without allowing her to be heard.
On Friday, CJ Chandrashekhar orally remarked it was a “very serious thing” and while the fact that she was a student can be considered for granting bail but the court cannot quash the FIR.
After the student’s lawyer informed the bench that she had scored well in exams and passed them with “flying colours,” the bench orally responded that while she might be a “bright child,” that cannot be a ground to quash FIR.
The lawyer said that there was no mens rea (criminal intention) on her client’s part and she had merely re-posted an Instagram post without such ill-intent and had deleted it later. However, the HC remarked that the “mens rea was irrelevant” and “deletion of the post would aggravate and complicate” her decision to remove the post.
The HC directed Public Prosecutor Mankunwar Deshmukh to provide a case diary in the matter in a sealed cover and posted the matter for final hearing after two weeks.
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