A criminal complaint brought against a dietician named Afeefa Fathima has been dismissed by the Karnataka High Court. She was booked for passing deeply disparaging slurs about Hindus and sharing anti-India sentiments on social media. Her criminal petition was accepted and the First Information Report (FIR) lodged against her was quashed by Justice M Nagaprasanna, reported Law Beat.
The 24-year-old filed a sworn affidavit promising not to repeat such acts and expressing sincere regret over “any misunderstanding” or offence due to her comments. This submission was taken into consideration after which the verdict was pronounced. The court announced, “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.”
It also noted her attorney’s promise that the controversial content would be removed. However, a firm warning was also issued and the court conveyed, “It is needless to observe that any breach of the undertaking in the affidavit will be viewed seriously.”
Fathima claimed that the continuous case would result in “serious prejudice and irreparable hardship” because of the potential for coercive measures, such as the seizure of her electronic devices and approached the court to strike down the proceedings under section 528 Bharatiya Nagarik Suraksha Sanhita (BNSS).
Fathima filed a thorough affidavit asserting regret, but she insisted on her innocence and denied using any “hate speech” to incite hatred or offend religious or national sensibilities. “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,” the affidavit read.
She also declared to use social media platforms with “the utmost care and caution in the future and guarantee that no such situation giving rise to similar allegations shall recur on account of my conduct.” Hence, the high court put this on record and ruled in her favour by quashing the FIR that was pending before the JMFC II Court in Mangaluru.
Last year, Fathima’s statements became viral online shortly after the brutal killings of 25 Hindu tourists in Pahalgam by Pakistan-sponsored terrorists triggering massive backlash. She wrote, “Help stinky Hindus are behind me” and “am I an Indian? Yes. do I hate India? yes.”
She was employed at Highland Hospital at the time and was immediately terminated as the public outcry escalated. The hospital’s HR also launched a complaint against her which led to the registration of a case at Pandeshwar Police Station under sections 196(1)(a) and 353(2) of the Bharatiya Nyaya Sanhita (BNS) for inciting animosity between various groups on the basis of religion, race, place of birth, residence, language, caste or community along with public mischief.
Satish Kumar from Ullal neighbourhood also filed a complaint against her at the Konaje Police Station in Mangaluru City of Dakshina Kannada district which resulted in another FIR in the matter.
