Afeefa Fathima expresses regret and pledges responsible use of social media; Court emphasizes strict adherence to her undertaking.
In a significant ruling, the Karnataka High Court has quashed the FIR filed against Afeefa Fathima, who faced allegations stemming from derogatory social media posts on platform "X" (formerly Twitter). The decision, rendered by Justice M. Nagaprasanna, came after Fathima provided an affidavit undertaking responsible use of social media and committed to removing all offensive content from her account.
The case involved Crime No. 78/2025, registered by Mangaluru South Police Station. The FIR alleged offenses under Sections 196(1)(a) and 353(2) of the Bharatiya Nyaya Sanhita, 2023, following certain inflammatory posts attributed to Fathima. The petitioner, represented by Advocate Mohammad Ibrahim Arshad M P., maintained that the posts did not constitute the alleged offenses and expressed concern over potential prejudice from continued investigation.
Fathima's affidavit articulated regret for any misunderstanding or offense caused by her posts and assured the Court of her commitment to exercising utmost care in future social media interactions. She explicitly denied making any hate speech or intending to promote enmity, affirming her respect for all religions and communities.
In light of Fathima's undertaking, the High Court deemed it appropriate to obliterate the crime, directing her to delete all offending posts from her account. The Court underscored that any breach of her undertaking would be viewed with severity.
This judgment highlights the judiciary's balancing act between addressing grievances arising from social media activities and safeguarding individual rights. It serves as a reminder of the importance of responsible digital conduct and the potential legal implications of online communications.
Bottom line:-
Social Media Post - FIR quashed on the basis of undertaking - Petitioner undertook to exercise utmost care and caution in using social media platforms and to delete all offensive posts from her account.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 196(1)(a), 353(2); Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Afeefa Fathima v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2937579
