High Court to 19-year-old Pune student: Scoring well after bail doesn’t erase the crime
High Court to 19-year-old Pune student: Scoring well after bail doesn’t erase the crime
Bombay High Court has refused to quash the FIR against a 19-year-old Pune engineering student accused of sharing an objectionable social media post on Operation Sindoor. The court underlined that neither academic merit nor an apology can justify scrapping criminal proceedings.
The student, in her fourth semester at Sinhagad Academy of Engineering, had on May 7 reposted an Instagram post from an account named Reformistan. The content criticised the Indian government and accused it of provoking war against Pakistan at a time when Operation Sindoor was underway to retaliate against the April 22 Pahalgam terror attack. Within two hours, she deleted the post after receiving threats online and later issued an apology, claiming she never intended to trigger unrest.
Two days later, on May 9, Kondhwa Police Station registered an FIR against her. The case was filed by a police constable. She was arrested from her residence but later secured bail from the High Court. Her plea also alleged that the arrest was illegal, saying she was taken into custody after sunset without being informed of the grounds. Following this, her college rusticated her, but another bench of the High Court set aside the rustication, restored her admission, and allowed her to appear for exams.
During the hearing of her quashing plea, her counsel advocate Amin Solkar argued that she had promptly removed the post, expressed remorse, had no criminal intent, and had passed her exams with excellent marks. However, the bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad rejected these arguments.
The court remarked, “This is a serious issue. At best, being a student may be a factor when considering bail, but it cannot be a basis to cancel criminal proceedings.” The judges added, “Good academic record or being a bright child is not a valid ground to strike down an FIR.”
When Solkar argued that there was no “mens rea” (criminal intent), the bench responded that intent was “not relevant in this context.” The judges also observed that the deletion of the post soon after uploading did not absolve her but instead “further complicated the matter.”
The court directed Public Prosecutor Mankunwar Deshmukh to submit the case diary in a sealed cover and also sought a report from Kondhwa Police Station. The matter has been scheduled for further hearing on October 3.
Operation Sindoor, launched on May 7, lasted until May 10 and led to the destruction of multiple terror bases in Pakistan and Pakistan-occupied Kashmir.
