Karnataka HC Quashes ‘Stinky Hindus’, ‘I Hate India’ Case After Woman Expresses Regret, Orders X Posts Deleted
Karnataka High Court quashes FIR against Afeefa Fathima over alleged ‘Stinky Hindus’ and ‘I Hate India’ posts after recording her regret affidavit and directing deletion of the posts from X.
The Karnataka High Court has quashed a criminal case against a 24-year-old dietician, Afeefa Fathima, who was booked for allegedly posting derogatory and inflammatory statements, including 'Stinky Hindus' and 'I Hate India,' on the social media platform 'X' (formerly Twitter).
Justice M. Nagaprasanna allowed the criminal petition filed by Afeefa Fathima and quashed the FIR registered against her.
The order was passed considering her sworn affidavit undertaking not to repeat such actions and expressing sincere regret if her posts caused “any misunderstanding” or offence.
“In the light of the affidavit, I deem it appropriate to obliterate the crime with a direction to the petitioner that all the posts that are now in her account, which would depict such action shall be deleted” Justice Nagaprasanna said.
The Court further recorded the undertaking of her counsel that the posts in question would be deleted, while issuing a stern warning to her: "It is needless to observe that any breach of the undertaking in the affidavit will be viewed seriously."
What were the allegations against Fathima?
A complaint was filed against Petitioner/Fathima by Mohammed Aslam, a Manager working at a Hospital in Mangaluru, who alleged that her posts on 'X' containing statements like 'Stinky Hindus' and 'I Hate India' were derogatory in nature.
Based on the complaint, the police registered an FIR invoking Sections 196(1)(a) (promoting enmity) and 353(2) (statements creating or promoting enmity, hatred or ill-will) of the Bharatiya Nyaya Sanhita (BNS), 2023.
Her remarks had triggered public outrage and demands for action. She was also fired from the hospital where she worked as a Dietician following the backlash.
What was in her undertaking/affidavit?
Moving the High Court to quash the proceedings under Section 528 BNSS, Fathima submitted that the continuation of the investigation would cause her “serious prejudice and irreparable hardship” due to the possibility of coercive steps, including the seizure of her electronic devices.
While she maintained her innocence and denied making any “hate speech” with the intention to promote enmity or hurt religious or national sentiments, Fathima submitted a detailed affidavit expressing regret.
The affidavit filed before the Court read: “I submit that I have the highest regard and respect for all religions, communities, and the sovereignty and integrity of India. However, if any alleged post or content has been perceived by any person as offensive or has caused any misunderstanding, I sincerely regret the same”.
She further assured the Court that she would exercise “utmost care and caution in using social media platforms in future and guarantee that no such situation giving rise to similar allegations shall recur on account of my conduct”.
Taking this undertaking on record, the High Court quashed the FIR pending before the JMFC II Court, Mangaluru.
Case title ~ AFEEFA FATHIMA v STATE OF KARNATAKA