Op Sindoor-Linked Post: Bombay HC Says Reposting Alone Cannot Warrant Prosecution

The Bombay High Court on Tuesday quashed an FIR against a 20-year-old engineering student, observing that her role was limited to re-posting a contentious social media post and that she had already spent time in custody. The student was arrested in May 2025 over posts linked to Operation Sindoor, India’s military response to the April 2025 Pahalgam terror attack, reported PTI.

A single-judge bench of Justice Milind Jadhav allowed her plea, describing her as “a young engineering student”.

“The post is undoubtedly contentious, arousing passion and hatred. However, the applicant's (student) role is confined to re-posting the said post which was already available on the social media platform,” the court said.

The case stemmed from a repost made during the military conflict between India and Pakistan. The court also took note of the time the student had already spent in custody.

Court’s Reasoning

The bench examined the content of the post and the student’s role in sharing it. The reposts purportedly ended with the phrase “Pakistan Zindabad” and were shared when India and Pakistan were engaged in a military conflict.

“At first glance, it is seen that the contents of the post may have had the potential to create apprehension of disturbance between religious communities, however, the mere possibility that a publication may cause displeasure or resentment cannot, by itself, constitute sufficient ground for criminal prosecution,” the court said in its order.

The bench also noted the potential impact of the post on religious sentiments and emphasised the need for sensitivity and responsibility. It recorded that the post was deleted within two hours and that the student had apologised.

Student’s Challenge

The student, represented by advocate Farhana Shah, challenged her college’s May 9, 2025, decision to rusticate her, describing it as “arbitrary and unlawful”. She submitted that she had re-posted an Instagram message originally shared by another user and had no intention of causing wider harm.

She was subsequently arrested and remanded to judicial custody. A Pune magistrate denied her bail, following which the Bombay High Court granted her bail on May 25, 2025.

In her petition, the student also alleged that the controversy had led to public outrage and abuse both on and off campus. She claimed she had faced “public humiliation, casteist abuse, and was branded with derogatory and communal terms” within and outside the college campus.

College’s Response

The petition alleged that the college proceeded with her rustication despite her deleting the post and issuing an apology. According to the student, the institution characterised her actions as “anti-national” and claimed they posed a threat to campus harmony.

“Although she deleted the post following the controversy, she was rusticated from the college, which claimed she had anti-national sentiments and posed a risk to the campus community and society,” the petition stated.