Mumbai, Oct 27 (PTI) The Bombay High Court on Tuesday quashed a criminal case registered against a 20-year-old engineering student for reposting a controversial comment after ‘Operation Sindoor’, observing that the post was an isolated act followed by voluntary deletion and remorse.
A chance is required to be given in such cases, a single bench of Justice Milind Jadhav said, noting that the student has already suffered custody.
“That in itself for a young student is a scar which cannot be erased easily,” Justice Jadhav said.
The woman student from a private college in Pune was arrested on May 9, 2025, over the controversial Instagram repost related to Indo-Pak tensions following Operation Sindoor.
Justice Jadhav observed that the accused was a young student, and the incident appears to be an isolated act of re-posting (content), followed by its voluntary deletion and an expression of remorse, probably because of the exuberance of youth and age.
The student was not the author or creator of the original post, the HC noted in its order.
“The post is undoubtedly contentious, arousing passion and hatred. However, the applicant’s (student) role is confined to re-posting the said post which was already available on the social media platform,” it said.
The particular content reposted by the student pertained to religion and religious sentiments, and hence the same requires to be considered with sensitivity and responsibility, particularly in a society comprising persons belonging to different religious communities, Justice Jadhav said.
“At first glance, it is seen that the contents of the post may have had the potential to create apprehension of disturbance between religious communities, however, the mere possibility that a publication may cause displeasure or resentment cannot, by itself, constitute sufficient ground for criminal prosecution,” the order said.
The criminal law cannot be set into motion merely because a particular publication is perceived to be offensive, unless the conduct falls within the prohibition prescribed by law, the court said.
The student deleted her post within two hours and also publicly expressed remorse and tendered an apology immediately for having re-posted the content, the HC observed.
It is pertinent to note that the prompt deletion of the post was a conscious decision on her part and was not pursuant to any direction issued by the investigating agency. There was no deliberate attempt on the part of the student to promote religious hostility, Justice Jadhav said.
On May 7 last year, the student reposted content on Instagram from an account called ‘Reformistan’, which criticised the Indian government for provoking a war against Pakistan. Within two hours, she realised her mistake and deleted the post after receiving a barrage of threats.
The student had challenged her ‘rustication’ from the institute over her alleged objectionable post, arguing that the said action was “arbitrary and unlawful”. She had also demanded that the FIR against her be quashed.
The High Court in May last year criticised her arrest and ordered her to be released immediately.
Launched in response to the Pahalgam terror attack in April last year, Operation Sindoor saw India carry out precision air strikes on nine terror infrastructures in Pakistan and Pakistan-occupied Kashmir. It marked the most daring cross-border military action by India since the 1971 Bangladesh Liberation War. PTI SP SKL GK
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.