The Bombay High Court dismissed a criminal writ petition filed by a schoolteacher from Pune, seeking quashing of FIR registered under Sections 152, 196, 197, 352, and 353 of the Bharatiya Nyay Sanhita (BNS) 2023. The case stemmed from allegedly derogatory and inflammatory content shared by the petitioner on a women-only WhatsApp group after India’s military operation titled Operation Sindoor.
A division bench comprising Justice A.S. Gadkari and Justice Rajesh S. Patil held that the FIR disclosed prima facie offences, and the matter required full investigation. The petitioner had posted a laughing emoji in response to patriotic messages, allegedly uploaded a video showing the Indian flag burning, and made remarks perceived as insulting the Prime Minister and the country, including calling India “Makkar” and referencing Pakistani lineage.
The Court observed that such remarks, made immediately after a major national military operation, had the potential to provoke public unrest, evidenced by members of the housing society approaching the police and staging protests. The judges also took note of the petitioner’s educational background and profession, stating that as a teacher, she was expected to act with greater responsibility.
Rejecting her defense of mental unsoundness and subsequent apology, the Court ruled that the allegations warranted police investigation and that no case was made out for invoking the Court’s powers under Article 226 of the Constitution or Section 482 CrPC to quash the proceedings at this stage.
The Court agreed with the view taken by Allahabad High Court in Ashraf Khan v State of Uttar Pradesh and reiterated that freedom of speech does not extend to content that threatens national unity or public order.
The petition was accordingly dismissed
Appearances:
Petitioner: Mr. Harshad Sathe, instructed by Mr. Saurabh Bhutala
Respondent No. 1 (State): Mrs. M. M. Deshmukh, APP with Mr. Ratandeep Gaikwad, API, Kalepadal Police Station, Pune