The Bombay High Court on Tuesday strongly criticised the Maharashtra government and a Pune-based engineering college for the arrest and rustication of a 19-year-old student over her social media post concerning Indo-Pak hostilities, describing the state’s response as “radical” and “destructive.”
A vacation bench comprising Justices Gauri Godse and Somasekhar Sundaresan made scathing remarks while hearing the student’s plea challenging her rustication from Sinhgad Academy of Engineering, affiliated with Savitribai Phule Pune University. The bench said it was ready to grant her bail immediately and directed her lawyer, advocate Farhana Shah, to file a formal bail plea without delay.
“The girl has posted something, realised her mistake, and apologised. Instead of helping her reform, the state arrested her and turned her into a criminal,” the court observed, questioning the conduct of both the Maharashtra government and the college administration.
The student, a second-year Information Technology undergraduate, had reposted an Instagram post on May 7 from a page titled ‘Reformistan,’ which criticised the Indian government’s stance amid Operation Sindoor. She deleted the post within two hours and issued an apology after receiving online threats. However, a police complaint was registered, and she was arrested the same day by Kondhwa police. She has been in judicial custody at Yerwada Prison since.
“What message is the state sending? That students should stop expressing opinions?” the bench remarked. “Such a radical reaction will only further radicalise people.”
The High Court further censured the college for its punitive action, stating, “An educational institution should guide and reform. Instead, you have contributed to ruining her life. You should have given her an opportunity to explain.”
In its rustication order dated May 9, the college alleged that the student’s actions brought disrepute to the institution and labelled her as a threat to the campus and society. The student claimed the college’s decision violated her fundamental rights and sought her reinstatement along with permission to appear for her semester exams scheduled to begin on May 24.
Additional Government Pleader P P Kakade defended the arrest by arguing the post was against national interest. The court, however, dismissed the argument, saying, “National interest is not so fragile that it can be damaged by a student’s Instagram repost—especially when she has apologised.”
The court noted that the student had “suffered enough” and expressed concern that she had been “escorted out of college due to protests,” and was now facing incarceration over a mistake made at a formative age.
The bench is expected to pass a formal bail order shortly, enabling the student to appear for her upcoming exams, even as the matter relating to her rustication remains under consideration.
