Rights

Bombay High Court Slams Arrest, Rustication of Student Over Instagram Post on Operation Sindoor

“She isn’t a criminal. She cannot be asked to appear with police around her,” Justice Godse remarked to government pleader Priyabhushan Kakade.

Bombay High Court Slams Arrest, Rustication of Student Over Instagram Post on Operation Sindoor

The Bombay High Court. Photo: Wikimedia Commons

The Bombay High Court on Tuesday (May 27) came down heavily on the Maharashtra state authorities and a Pune-based engineering college over the arrest and rustication of a 19-year-old student for reposting an allegedly objectionable Instagram post related to Operation Sindoor.

The court, while hearing the student’s plea, strongly criticised both the government and the college, Sinhgad Academy of Engineering, for what it called an excessive and punitive response to a social media post, Live Law reported.

The student was arrested on May 9 for sharing a post originally published by the Lahore-based Instagram handle ‘Reformistan’ on May 7.

The post had sharply criticised Prime Minister Narendra Modi, accusing him of “Islamophobic fanaticism” and alleged bombing of civilians. The student deleted the post within two hours and issued an apology after reportedly receiving death threats.

A division bench comprising Justices Gauri Godse and Somasekhar Sundaresan expressed concern over the implications of such actions on a young student's future.

“What is this? You are ruining the life of a student? What kind of conduct this is? Somebody expresses something you want to ruin the life of the student? How can you rusticate? Did you call upon an explanation? What is the purpose of an educational institution? Is it only to educate academically? You need to reform a student or make a student into a criminal?” Justice Godse asked, reported Live Law.

 “We understand you want to take some action but you cannot refrain her from taking exams. Let her appear for the remaining three papers,” he added.

Justice Godse further added that the student must be allowed to appear for her remaining exams.

“She has apologised and clarified her intention. You need to reform her and not convert her into criminals. What does the State wants? It doesn’t want the students to express their opinions? You want to convert students into criminals?” he stated.

When the college’s counsel argued the matter was linked to national interest, Justice Sundaresan responded sharply, “What national interest? She has already faced the consequences.”

The court also objected to the government’s offer to allow the student to take exams under police escort.

“She isn’t a criminal. She cannot be asked to appear with police around her,” Justice Godse remarked to government pleader Priyabhushan Kakade.

Advocate Farhana Shah, appearing for the student, was allowed to file a fresh plea seeking her immediate release from jail. The bench scheduled a further hearing for Tuesday evening.

The student, enrolled at Sinhgad Academy of Engineering, an unaided institution affiliated with Savitribai Phule Pune University, has challenged the disciplinary and legal actions against her as “arbitrary and unlawful” in her petition.

The court's observations mark a significant intervention in a case that has drawn public attention to questions of free expression, due process, and the role of educational institutions in upholding students' rights.

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