Mumbai: In a strong rebuke to both the Maharashtra government and an engineering institute, the Bombay High Court on Tuesday (May 27) slammed the arrest and rustication of a 19-year-old engineering student over a social media post regarding ‘Operation Sindoor’. The court remarked that the student “is no criminal” and directed that she be released, pointing out that she had already faced severe consequences, including expulsion from her college, reported the Livelaw.
The division bench comprising Justices Gauri Godse and Somasekhar Sundaresan, while hearing the student’s plea against her rustication, strongly criticized the college’s punitive action. Justice Godse questioned, “What kind of conduct is this? Someone expresses something and you ruin her life? What is the purpose of an educational institution – to educate or criminalize?”
The court emphasized the need to reform students, not turn them into criminals, and asked why the college had not issued any show-cause notice before rustication. “Let her appear for the remaining three papers,” Justice Godse added, criticizing the arbitrary denial of her right to education.
When the State’s counsel argued on the matter of national interest, Justice Sundaresan responded, “What national interest? She has already faced the consequences.” Justice Godse added, “She has apologized and clarified her intent. Do you not want students to express themselves? This kind of action only radicalizes people.”
The bench also criticized the State’s suggestion to allow the student to attend exams under police escort. “She is not a criminal,” Justice Godse remarked. “She cannot be surrounded by police during exams. She has to be released.”
The student, a second-year IT student from Sinhgad Academy of Engineering in Pune, was arrested on May 9 for reposting an Instagram story from the handle ‘Reformistan’, which was critical of the Indian government’s handling of Indo-Pak tensions. She deleted the post within two hours and issued a public apology after receiving online threats.
Her petition, filed through Advocate Farhana Shah, claims that the rustication order was issued without a proper hearing or notice, violating her fundamental rights under Articles 14, 19(1)(a), and 21 of the Constitution. The High Court has allowed a fresh plea to be filed for her immediate release and listed it for urgent hearing in the evening.
