The Bombay High Court on Tuesday strongly criticized the arrest and rustication of a 19-year-old engineering student over an allegedly objectionable social media post related to 'Operation Sindoor.'
The court said the student must be released, observing that she had already suffered the consequences, including rustication from her college.
A vacation bench comprising Justices Gauri Godse and Somasekhar Sundaresan was hearing the student’s plea challenging her expulsion from Pune’s Sinhgad Academy of Engineering, an unaided private institution affiliated with Savitribai Phule Pune University.
The bench directed the student’s lawyer to file an appropriate plea for her release, assuring that it would be heard later the same day.
During the hearing, Justice Godse sharply questioned the conduct of the college administration. “What is this? You are ruining the life of a student. What kind of conduct is this? Someone expresses something, and you want to destroy their future? Did you even ask for an explanation?” she asked the college's counsel.
Emphasising the role of educational institutions, the court added, “Is your job only to provide academic education? Aren’t you also supposed to reform students, not turn them into criminals? You cannot prevent her from taking exams. Let her appear for the remaining three papers.”
As the college counsel raised concerns of “national interest”, Justice Sundaresan responded, “What national interest? She has already faced the consequences.”
Justice Godse noted that the student had apologized and clarified her intentions. “You are supposed to reform her, not criminalise her. Is that what the State wants—to silence students from expressing opinions? This approach will only radicalize people.”
The court also took exception to a proposal from Additional Government Pleader Priyabhushan Kakade that the student be allowed to take her exams under police escort. “What is this, Mr Kakade? She is not a criminal. She cannot be asked to appear with police around her. She has to be released,” Justice Godse said.
The court allowed the student's lawyer, Advocate Farhana Shah, to file a fresh plea seeking bail and listed it for hearing later in the evening. Justice Godse also directed the Public Prosecutor assigned to the case to liaise with the concerned police station and Investigating Officer to obtain the necessary instructions.
The student, currently in her second year of an Information Technology course, was arrested by Kondhwa Police on May 9 for reposting content on Instagram from the handle ‘Reformistan’. The post, which was critical of the Indian government's actions amid rising Indo-Pak tensions, was deleted within two hours, and the student later issued a public apology after reportedly receiving death threats.
Despite her apology, the college rusticated her on May 6, citing that her actions brought “disrepute” to the institution and reflected “anti-national sentiments”.
In her petition, the student contends that the rustication was carried out without any prior notice or opportunity to respond. Filed through Advocate Farhana Shah, the plea argues that the college’s action violates fundamental rights under Articles 14 (equality), 19(1)(a) (freedom of speech), and 21 (right to life) of the Constitution of India.
The student remains lodged in Pune’s Yerwada Jail.
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