Bombay High Court Quashes FIR Against Pune Student for Reposting Operation Sindoor Content

The Bombay High Court has quashed a criminal case against a 20-year-old engineering student from Pune who was arrested for sharing a controversial Instagram post following Operation Sindoor. The court observed that the repost appeared to be an isolated incident, which the student voluntarily removed within two hours, followed by an apology and an expression of regret. Justice Milind Jadhav, who passed the order through a single-judge bench, said young people should be given an opportunity to learn from their mistakes in appropriate circumstances. He noted that the student had already experienced custody, which could leave a lasting impact on a young person's life.

"That in itself for a young student is a scar which cannot be erased easily," the judge observed. The student, who attended a private engineering college in Pune, was arrested on May 9, 2025, over an Instagram repost linked to heightened tensions between India and Pakistan after Operation Sindoor. In its order, the High Court highlighted the student's age and noted that she had not created the original content. Her involvement was limited to reposting material that was already available on social media. The judge said the incident appeared to reflect youthful impulsiveness, followed by the deletion of the post and an expression of remorse.

The court acknowledged that the content was controversial and capable of provoking strong emotions and hostility. However, it stressed that the student's limited role in sharing the material had to be considered separately from the person who originally created it. Justice Jadhav also underlined the need for sensitivity when dealing with content involving religion and religious sentiments in a country where people from different faiths live together. The court recognised that such material could potentially create tensions between religious communities, but said the possibility of causing offence or resentment alone was not enough to justify criminal prosecution.

The judge emphasised that criminal law should not be invoked simply because a social media post is considered objectionable. Any prosecution must be supported by conduct that falls within the scope of the relevant legal provisions. The court also took note of the student's prompt decision to remove the post. According to the order, she deleted it within two hours, before any direction from the investigating agency, and subsequently apologised publicly. The judge observed that these circumstances did not indicate a deliberate attempt to encourage religious hostility.

The incident occurred on May 7, 2025, when the student reposted content from an Instagram account named 'Reformistan'. The post criticised the Indian government, alleging that it was provoking a war against Pakistan. After receiving numerous threats, the student removed the content within two hours. Apart from seeking the cancellation of the FIR, the student had challenged her rustication from the educational institution, describing the disciplinary action as arbitrary and unlawful. The High Court had previously criticised her arrest and directed that she be released immediately in May 2025.

Operation Sindoor was launched by India in response to the April 2025 Pahalgam terror attack. The military operation involved precision strikes against nine terror infrastructure sites in Pakistan and Pakistan-occupied Kashmir, marking a significant escalation in cross-border military action. The High Court's decision highlights the importance of examining the circumstances, intent and individual role of an accused person in social media-related cases. It also underscores the distinction between offensive online expression and conduct that legally warrants criminal prosecution, while recognising the need for responsibility when sharing sensitive material online.

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