Bombay High Court Refuses to Quash Case Against Pune Teacher for Offensive Messages Post Operation Sindoor

The Bombay High Court has declined to dismiss a case against a Pune teacher accused of sharing offensive content on WhatsApp. The teacher allegedly posted derogatory messages and photos in an all-women WhatsApp group following the Indian Army's Operation Sindoor. The messages reportedly included a video of the Indian flag burning and comments mocking Prime Minister Narendra Modi.

The court, comprising Justices A S Gadkari and Rajesh Patil, stated that the teacher's actions were damaging. They emphasised that her messages showed a clear intent to commit a crime or knowledge that her actions were criminal, necessitating a detailed investigation. The court rejected the 46-year-old's plea to quash the FIR filed by Kalepadal police in May.

Accusations and Defence

According to the complaint, after Operation Sindoor targeted terrorist bases in Pakistan, group members shared congratulatory messages. However, the accused posted a video criticising the prime minister and showing the national flag burning, along with a status message insulting India. She also mentioned her family's Pakistani origins.

The prosecution argued that her actions were intentional and provocative. In her defence, the accused claimed she was not mentally sound at the time and deleted the messages upon realising their impact. She apologised and noted professional repercussions, including losing her teaching position.

Court's Observations

The court acknowledged her apology but highlighted that significant harm had already been done. "What is expected of a prudent person is that, before putting up any kind of message on social group, a person like the petitioner who is educated and teacher by profession should also think about the pros and cons which might occur due to sending online messages through her social media account WhatsApp," stated the bench.

The bench stressed that as an educated individual and teacher, she should have considered potential consequences before posting such content online. Despite her apology, they noted that her actions had already caused serious damage.

This case underscores the importance of responsible social media use, especially by individuals in influential positions like educators. The court's decision reflects a commitment to addressing harmful online behaviour while considering the broader implications of such actions.

With inputs from PTI