The Court observed that the student had not been given a chance to explain her side before the college took disciplinary action against her.
Mumbai – The Bombay High Court has sets aside the decision of Pune’s Sinhgad Academy of Engineering to rusticate a 19-year-old engineering student who was arrested last month over a social media post related to the ongoing Indo-Pak tensions.
The Court observed that the student had not been given a chance to explain her side before the college took disciplinary action against her.
A division bench comprising Justices MS Karnik and NR Borkar passed the order, clearly stating that the rustication order was invalid as the student was not heard beforehand.
However, the Court also clarified that “the college is free to pass a fresh order after hearing the student.”
The student, who is in her fourth semester, had posted content on Instagram related to Operation Sindoor on May 7, which she deleted within two hours. She also issued a public apology soon after. Despite that, she was arrested on May 9 and sent to Yerwada Central Jail under judicial custody.
A First Information Report (FIR) was registered against her, stating that her post could potentially disturb communal harmony and harm national security.
Later, on May 27, a vacation bench of Justices Gauri Godse and Somasekhar Sundaresan heard her plea and granted interim bail. During the hearing, the Court strongly criticised both her arrest and the college’s decision to rusticate her without a fair hearing. The judges also allowed her to attend her remaining university exams scheduled for May 29, May 31, and June 3.
The Court also said she “should not be summoned by police during the exam period” and instructed that “she must not leave Maharashtra without prior permission.”
The bench took note that she had already missed two exams while in jail—on May 24 and May 27—and gave her permission to approach the university to make requests for those missed papers.
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Understanding the sensitivity of the matter, the Court also directed that “the police should provide her with protection during the examination period.”
To ensure a peaceful exam environment, the Court said “the college may make separate seating arrangements if required.”
On Monday, it was confirmed before the Court that the student had successfully appeared for all her remaining exams as scheduled on May 29, May 31, and June 3.
The 19-year-old second-year Information Technology student from Sinhgad Academy of Engineering, Pune, was arrested earlier this month after she reposted a message from an Instagram account called Reformistan. The post criticised the Indian government for “provoking a war against Pakistan” during the ongoing Operation Sindoor.
After receiving threats online, she deleted the post within two hours and issued an apology. Despite this, she was arrested the same day by the Kondhwa police, following an FIR, and has since been kept in Yerwada Prison, Pune, under judicial custody. A local court had earlier rejected her bail plea.
The High Court questioned not only the government but also the student’s college, which had decided to rusticate her.
“Someone is expressing their opinion, and this is how you ruin her life? A student’s life has been ruined,” the court observed.
The Additional Government Pleader, P P Kakade, told the court that the student’s post was against the national interest.
However, the bench disagreed and said, “National interest would not suffer because of a post uploaded by a student who has realised her mistake and apologised.”
The judges expressed serious concern about the message this incident sends to other students.
“How can the state arrest a student like this? Does the state want students to stop expressing their opinions? Such a radical reaction from the state will further radicalise the person,” the bench added.
The court also criticised the college for not giving the student a chance to explain herself. It reminded the college that an educational institution should not only teach academics but also help students learn from their mistakes.
“The job of an educational institution is to not just impart academic education but also to help students reform,” the judges said. “Instead of reforming her and making her understand, you have turned her into a criminal. You want the student to turn into a criminal?”
The bench emphasised that the student is very young and bound to make mistakes.
“She is at an age where mistakes are bound to happen,” it said.
The court noted that she had already suffered enough and asked her lawyer, Farhana Shah, to immediately file a bail petition.
The court made it clear that it would pass an order for her immediate release so she could appear for her upcoming semester exams, which are scheduled to start on May 24.
Case name: X v. State of Maharashtra
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