The Bombay High Court on July 29 refused to quash the FIR filed against a woman who reacted with a 'laughing emoji' in response to messages celebrating Operation Sindoor in a WhatsApp group, and later posted a WhatsApp status showing a burning Indian flag and a video of the Prime Minister sitting on a rocket.
The division bench of Justices A.S. Gadkari and Rajesh S. Patil dismissed the plea filed by Farah Deeba (46), a teacher by profession, observing that her actions attract serious offences under the Bharatiya Nyay Sanhita (BNS) 2023.
In our view, the acts of the Petitioner...attract the provisions of Section 152, 196, 197, 352 and 353 of the BNS 2023, the court stated.
Deeba and the complainant both reside in Margosa Heights housing society in Pune. A WhatsApp group called ‘Sath Sath Margosa Ladies’, consisting of about 380 women, was formed for female residents. On May 7, 2025, when the Indian Armed Forces conducted ‘Operation Sindoor’ to destroy terrorist launch pads in and around a neighbouring country, several group members sent patriotic messages praising the military.
The petitioner reacted by saying the group should not be used as a National News Channel since everyone had TV and mobile access. When another member responded by calling it a time to show solidarity with the Nation, Army and Prime Minister, ending with Jai Hind, Jai Bharat", others replied Jai Hind. Deeba responded with a laughing emoji, sparking a strong reaction.
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Following the emoji, she sent additional messages and posted WhatsApp statuses showing the national flag burning and a video of the Prime Minister sitting on a rocket. She also used the term “Makkar” in reference to India and stated her family hailed from Pakistan.
This itself shows the mens rea behind the alleged crime committed by the Petitioner, the bench noted.
The FIR (No. 178/2025) was filed at Kalepadal Police Station under Sections 152 (endangering sovereignty, unity, and integrity of India), 196 (promoting enmity between groups), 197 (assertions prejudicial to national integration), 352 (intentional insult to provoke breach of peace), and 353 (statements conducing to public mischief) of the BNS 2023.
Although Deeba apologised to the complainant and claimed she was mentally disturbed at the time, the court observed:
“Innumerable damage has already been caused by the Petitioner’s messages which were circulated. The unrest in the local areas after the message of the Petitioner, can be seen from the photographs...which show group of people have approached local police station,” the court said.
She also challenged the service of notice under Section 41-A CrPC, stating it was sent via WhatsApp. The court rejected this argument, stating she had knowledge of the notice and failed to respond.
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What is expected of a prudent person is that...before putting up any kind of message on social group, a person like the petitioner who is educated and teacher by profession should also think about the pros and cons,the bench said.
Citing a related case from the Allahabad High Court (Ashraf Khan alias Nisrat Khan vs State of Uttar Pradesh), the Bombay High Court reiterated that
Relying on multiple Supreme Court judgments, the High Court concluded that the FIR revealed a prima facie case and must be allowed to proceed.
We are satisfied that it constitutes the ingredients of the alleged offences...there is no merit in the present Petition and the same deserves to be dismissed, the court concluded.
Case Title: Farah Deeba vs State of Maharashtra (Criminal Writ Petition No. 3257 of 2025)
Coram: Justices A.S. Gadkari and Rajesh S. Patil
Pronounced on: July 29, 2025
Advocates: Harshad Sathe and Saurabh Bhutala for the petitioner; Mrunmayee Deshmukh, APP for the State