Bombay High Court Refuses to Quash FIR Against Pune Teacher Over Derogatory Posts on PM, National Flag

The Bombay High Court has dismissed a plea by a Pune based school teacher seeking quashing of an FIR registered against her for allegedly posting derogatory content about the Prime Minister and the national flag on a women-only WhatsApp group. The Court noted that the content of the posts indicated prima facie “mens rea” and warranted a full investigation.

A Division Bench of Justices A S Gadkari and Rajesh Patil was hearing a petition filed by 46-year-old Farah Deeba, who sought to set aside the FIR lodged against her by the Kalepadal Police Station in Pune on May 15, 2025.

According to the FIR, Deeba allegedly posted objectionable messages and visuals in a 380 member WhatsApp group created for women residents of a housing society in Pune.

The messages were posted shortly after the Indian Army’s Operation Sindoor on May 7, 2025. While other group members had shared patriotic slogans such as "Jai Hind," Deeba reportedly responded with, “We have TV and mobiles, so this group need not become a national news channel,” accompanied by a laughing emoji.

She allegedly followed this by posting a video of the Indian national flag being burned, a derogatory reference to the Prime Minister, and a WhatsApp status describing India as “Makkar”.

She also mentioned her familial ties to Pakistan, referring to both her paternal and maternal roots.

The complaint was filed by Sheetal Bhujbal, a co-resident of the society, who alleged that Deeba’s conduct disturbed communal harmony within the group and beyond.

The prosecution argued that the posts were deliberate, inflammatory, and intended to provoke disharmony. It also highlighted the wide circulation of the content and the potential impact on public order.

Deeba, in her defense, claimed she was not in a sound mental state at the time, had deleted the messages once she realised they had offended others, and had tendered an apology. She further informed the court that she had already suffered professionally, having lost her job as a schoolteacher.

However, the Court was not inclined to interfere. It observed:

"In our view, the acts of the Petitioner, initially reacting with laughing emoji, when others in the WhatsApp group were applauding the steps taken by the Indian Government and the Indian Army with respect to‘Operation Sindoor’ and thereafter, she on her WhatsApp status, uploaded a video wherein the Prime Minister of India, has been shown as sitting on a rocket and the Indian National flag shown burning, attracts the provisions of Section 152, 196, 197, 352 and 353 of the BNS 2023. Further, the Petitioner is seen to be informing the Complainant that her families belonged to the neighboring country, Pakistan, and she addressed the Nation as ‘Makkar’. This itself shows the mens rea behind the alleged crime committed by the Petitioner."

Court referred to a recent judgment of the Allahabad High Court in Ashraf Khan @ Nisrat Khan v. State of Uttar Pradesh, wherein it held that although the Constitution guarantees the Right to Freedom of Speech and Expression to every citizen, this right does not extend to posting videos or other content that disrespects the Prime Minister, the Indian military, or its officers.

Referring to the misuse of social media under the guise of free speech, the Court said,

“It has become a fashion among certain groups to misuse social media under the garb of freedom of speech and expression by making baseless allegations against high-ranking dignitaries and posting content that incites hatred and disharmony among citizens. Such acts are detrimental to national unity and public order. These actions reflect not only a lack of respect towards the Prime Minister but also towards the Indian military and its officers. We are in agreement with the view taken by the Allahabad High Court in Ashraf Khan (supra).”

Rejecting the plea to quash the FIR, the bench stated that the nature of the posts, especially coming from an educated individual, reflected a prima facie intention that needed to be investigated thoroughly.

Accordingly, the Court dismissed the petition.

Case Title: Ms. Farah Deeba vs. State of Maharashtra

Date of Judgment: 29th July 2025

Bench: Justice A. S. Gadkari and Justice Rajesh S. Patil