The Bombay High Court has quashed a criminal case against a 20-year-old engineering student who reposted controversial content on Instagram following Operation Sindoor, holding that the possibility of a publication causing resentment or displeasure is not, by itself, sufficient to justify criminal prosecution.
Justice Milind Jadhav, while granting relief to the Pune-based student on Tuesday, observed that her conduct appeared to be an isolated incident. The Court considered that she had voluntarily removed the content, publicly apologised and expressed remorse shortly after sharing it.
The Court also noted that the student had already undergone custody and deserved an opportunity to move forward. Justice Jadhav observed that the experience of detention could leave a lasting impact on a young student.
Criminal Action Requires Conduct Prohibited By Law
The High Court examined whether the student’s act of sharing an existing social media post warranted criminal proceedings, particularly when the material concerned religion and religious sentiments.
Justice Jadhav acknowledged that the content was contentious and capable of provoking strong reactions. However, the Court distinguished between the person responsible for creating the original material and someone who merely reposted it.
The student had neither authored nor created the controversial content, which was already circulating on Instagram.
The Court observed that publications touching upon religious sentiments must be approached with sensitivity in a society comprising different religious communities. It recognised that the reposted material could potentially have created apprehension of tensions between communities.
However, Justice Jadhav held that the possibility of a publication generating resentment or displeasure could not independently justify criminal prosecution. Criminal proceedings could be initiated only when the conduct attracted a prohibition prescribed by law.
Voluntary Deletion And Apology Considered
A significant factor in the Court’s decision was the student’s conduct immediately after reposting the material.
The High Court recorded that she deleted the Instagram post within two hours and publicly expressed regret for sharing it. Her apology and removal of the content took place without any direction from the investigating agency.
Justice Jadhav considered the voluntary deletion particularly relevant while examining the circumstances surrounding the incident.
The Court found no deliberate attempt by the student to promote hostility between religious communities. It also took into account her age and the possibility that the repost resulted from youthful impulsiveness.
Observing that the student had already experienced custody, the Court emphasised the need to provide an opportunity in such circumstances rather than allow the criminal case to continue.
Arrest Followed Instagram Repost In May 2025
The proceedings arose from an Instagram post shared by the engineering student on May 7, 2025, amid tensions between India and Pakistan following Operation Sindoor.
The material originated from an Instagram account named ‘Reformistan’ and criticised the Indian government for provoking a war against Pakistan.
After receiving numerous threats, the student removed the repost within two hours. Police subsequently arrested her on May 9, 2025.
The student, who was studying at a private engineering college in Pune, approached the Bombay High Court challenging both the criminal proceedings and her rustication from the institution.
She maintained that the college’s decision to rusticate her over the allegedly objectionable post was arbitrary and unlawful. She also sought the quashing of the FIR.
During an earlier hearing in May 2025, the High Court had criticised her arrest and directed her immediate release.
The latest order brings the criminal proceedings against her to an end.
Background Of Operation Sindoor
Operation Sindoor was launched following the April 2025 terrorist attack in Pahalgam.
As part of the operation, India carried out precision air strikes targeting nine terrorist infrastructure sites in Pakistan and Pakistan-occupied Kashmir.
The military action, described as India’s most daring cross-border operation since the 1971 Bangladesh Liberation War, was followed by heightened tensions between the two countries.
The student’s Instagram repost was made against this backdrop, leading to the criminal case that the Bombay High Court has now quashed.
