Mumbai: The Bombay High Court on Friday observed that it cannot quash an FIR registered against a 19-year-old engineering student for reposting an objectionable social media post related to “Operation Sindoor” merely because she has apologised, is academically bright or has cleared exams with “flying colours.”
HC Bench Remarks on Seriousness
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing the plea by Khadeeja Shaikh seeking to quash the FIR lodged by Pune Police in May. The bench remarked: “This is a very serious thing… If at all you are a child studying, this can only be considered for bail. But we cannot quash the FIR.”
Counsel Argues for Deletion and Apology
The student’s counsel argued that she was a meritorious student and had deleted the post besides issuing a public apology. Her counsel argued that there was no “mens rea” (guilty mind) on the part of the student.
Judges Unconvinced by Apology
The judges, however, were unconvinced. As far as deletion of post was concerned, the judges remarked: “It is the other way round. Deletion aggravates and complicates your decision.”
Next Hearing and Case Diary Submission
The bench adjourned the hearing for two weeks, directing public prosecutor Mankunwar Deshmukh to submit the case diary in a sealed cover.
Background of the Student
Shaikh, enrolled at Sinhgad Academy of Engineering in Pune, was arrested on May 9 for an Instagram repost critical of the Indian government’s handling of Indo-Pak tensions following Operation Sindoor. She has also challenged her expulsion from the institute, terming it arbitrary and unlawful.
Details of the Social Media Post
Her plea, filed through advocate Farhana Shah, states that the post was originally uploaded by the handle “Reformistan” and was shared by her on May 7. She deleted it within two hours and issued a public apology after receiving death threats. Nevertheless, protests broke out on campus, following which she was rusticated on May 6.
College’s Reason for Rustication
The college rusticated her claiming that her social media activity brought disrepute to the institution, reflected “anti-national sentiments,” and posed a risk to the campus community and society.
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Previous Arrest and Bail
She was arrested by Kondhwa police on May 7. The high court granted her bail on May 27 and rapped the police stating they were “bent upon ruining her life” and turning her into a “hardcore criminal”.
Examination Rights Restored
The court also stayed her rustication by the college and allowed her to appear for the second-year semester examinations.
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