HC refuses to quash FIR over Op Sindoor remarks
MUMBAI, July 30 -- The Bombay high court on Tuesday refused to quash the first information report (FIR) registered against Farah Deeba, a Pune-based teacher, for allegedly ridiculing India and Prime Minister Narendra Modi on the WhatsApp group of her housing society following Operation Sindoor.
Deeba's reference to India as 'makkar' (deceitful) and her connection with Pakistan through her parents' families who resided there revealed her guilty mind, the division bench of justices AS Gadkari and Rajesh Patil said while dismissing her plea.
Deeba, 46, is a resident of Margosa Heights housing society in Pune's Mohammadwadi neighbourhood. After the armed forces launched 'Operation Sindoor' on May 7, targeting alleged terror camps in Pakistan, her housing society's WhatsApp group was abuzz with congratulatory messages.
Deeba responded by posting a laughing emoji, followed by a video ridiculing Narendra Modi. She referred to India as 'makkar' and posted a burning Indian flag as her WhatsApp status, her neighbour told the police in a complaint, based on which an FIR was registered at the Kalepadal police station. Deeba was booked for endangering the sovereignty of India, promoting enmity between different groups and other charges.
Deeba then approached the high court for quashing the FIR, contending that she was not in a mentally sound condition at the time as the families of both her parents were from Pakistan. As soon as she realised that a few members on the WhatsApp group were offended by her messages, she immediately deleted them and apologised to the complainant, she said in her plea. She also lost her job as a teacher due to the controversy generated by the case against her, she mentioned.
Additional public prosecutor MM Deshmukh opposed the petition, saying prima facie, there was enough material to make out the alleged offences and the investigation needed to be completed and taken to its logical end.
The court accepted the prosecutor's contentions, saying the petitioner, being well-educated with a masters in English and a BEd degree, should have thought about the pros and cons of her actions before posting the videos and messages.
"Though the petitioner tendered her apology to the complainant, damage had already been caused by the petitioner's messages which were circulated," the judges said. Her acts attracted the sections she was booked under while her reference India as 'makkar' and her admission about her parents' families hailing from Pakistan were indicative of her guilty mind (mens rea), the court noted, dismissing her plea....
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