The Bombay High Court on Tuesday quashed a criminal case against an engineering student for a social media post which allegedly contradicted Government of India’s position on 'Operation Sindoor, the military operation against Pakistan [Khadeejah Shahabuddin Shaikh v. State of Maharashtra & Ors.]
Justice Milind N Jadhav observed that the allegations in the First Information Report (FIR) did not disclose the intent of commission of the offences alleged against her.
"It is seen that the prosecution appears to proceed substantially on the act of re-posting the content without disclosing sufficient particulars establishing the requisite criminal intention or the other essential ingredients of the provisions invoked," the Court said.
It added that the accused had corrected herself by voluntarily deleting the re-post and tendering an apology.
“A youthful error of judgment cannot automatically be equated with a deliberate criminal act in the absence of material establishing the ingredients of the alleged offences,” the Court further said.
Considering the accused's young age and career prospects, the Court noted the trauma she had suffered due to her arrest.
“Applicant (Shaikh) has already suffered custody. That in itself for a young student is a scar which cannot be erased easily. The prosecution in case is dependent upon mere act of re-posting and nothing more with regard to the incident in question,” it observed.
The accused, Khadeejah Shaikh, had re-posted contentious content on Instagram regarding the India-Pakistan conflict on May 7, 2025. However, she voluntarily deleted it within two hours and issued a public apology.
Despite her corrective actions, she was arrested two days later for allegedly promoting communal enmity.
However, the Court quashed the criminal proceedings, observing that Shaikh was not the original author of the post.
It noted that no actual incident of communal disturbance or any other unlawful activity had taken place as a result of Shaikh's re-post.
The Court also said that the criminal law cannot be set into motion merely because a particular post is perceived to be offensive, unless the conduct falls within the prohibition prescribed by law.
“The mere possibility that a publication may cause displeasure or resentment cannot, by itself, constitute sufficient ground for criminal prosecution,” it added.
Advocates Farhana Shah, Omar Shah and Amna Khan appeared for Shaikh.
Additional Public Prosecutor Amit A Palkar appeared for State of Maharashtra.
[Read Judgment]