Bombay High Court directs Kolhapur school principal to tender written apology for derogatory WhatsApp forward

The Bombay High Court on Thursday has directed a school principal from Kolhapur to tender an apology for posting derogatory messages on WhatsApp.

A division bench of comprising Justices SC Dharmadhikari and Justice Prakash Naik directed Babasaheb Havale, the principal of DS Bargale High School in Kolhapur to tender the apology. Havale was booked under sections of Prevention of Atrocities Act and the Indian Penal Code for sending offensive messages using the Facebook-owned messaging tool.

Havale was booked after a school staff member – a peon – filed a complaint with the local police. According to the staff member, the principal had created a WhatsApp group for staff members. Havale and another staff member were the group admin.

On April 24 last year, the complainant said that Havale had posted a message that was allegedly insulting towards members of the Scheduled Caste community.

Advocate Umesh Mankapure, appearing for Havale, argued that in the complaint, it was stated that the message was a forward and not originally sent by the accused, with any intention to hurt anyone sentiments.

The bench said, “Untouchability was abolished by passing of the Constitution of India; it not only should be removed from the mind but also from the system. Messages, even if forwards on WhatsApp groups, should be stopped.”

The court then directed Havale to issue an affidavit tendering an apology to the complainant.

Advocate Mankapure also agreed to tender the apology affidavit before the court by next week.