Bombay HC refuses to quash FIR against local leader for offensive WhatsApp messages

Mumbai: The Bombay High Court has refused to quash a 2020 FIR against a local leader for allegedly sending "extremely offensive" messages on a WhatsApp group, citing that he was aware they would hurt religious sentiments.

A division bench of Justices Sarang Kotwal and Neela Gokhale, in the order dated October 16, said the messages were "extremely offensive and have an effect of hurting religious feelings".

The court dismissed a petition filed by Bal Maharaj alias Santosh Dattatraya Koli seeking to quash the FIR registered against him at Ichalkaranji police station in Kolhapur in May 2020 for promoting enmity between religious groups, deliberate and malicious insult of a religion and criminal intimidation.

The complainant in the case alleged that Koli had sent offensive messages on a WhatsApp group comprising 182 persons from various castes and religions.

Initially, Koli claimed that the complainant had consented for the case to be quashed, but the latter informed the bench that he had not given consent.

The bench noted that even if the complainant had consented, the case could not have been quashed as the offences were against society.

The court noted that Koli's messages were "extremely offensive".

"A bare reading of these messages shows that it would hurt the religious feelings of the members of a particular religion. We find them extremely offensive. They have an effect of hurting religious feelings," it said.

The bench further noted that the messages have the effect of promoting enmity, hatred and ill-will between two religions.

Koli, in his plea, said the messages he had posted could not be read in isolation and that he had only replied to other messages in the group, and claimed there was no intention to hurt religious sentiments.

The court, however, refused to accept this, and said Koli was fully aware that members of that religion were also members of the WhatsApp group and that these messages would offend their feelings.

"These messages had the tendency of creating public disorder and disturbance of law. Any person of reasonable prudence would feel offended by reading these messages," it said.

The court, while refusing to quash the FIR, said Koli has committed serious offences and has to face the consequences of his action, and the probe in the case has to be taken to its logical end.