Bombay HC criticises Maharashtra government for arresting student over post about Operation Sindoor
A division bench of Justices Gauri Godse and Somasekhar Sundaresan directed the student's counsel to file a bail petition, adding that it would be granted immediately.
The bench also criticised the 19-year-old's college for rusticating her for the social media post, saying that educational institutes need to help students and not turn them into criminals, Live Law reported.
The court was hearing a petition filed by the engineering student challenging her rustication.
The bench said that the student had already faced the consequences after being rusticated by the college and that she must be released.
The 19-year-old is a second-year information technology student at Sinhgad Academy of Engineering, a private unaided college affiliated to Savitribai Phule Pune University.
On May 7, she had allegedly reposted a post on Instagram from an account that criticised the Indian government, PTI reported. The post was related to military tensions between India and Pakistan after Operation Sindoor, according to Live Law.
She had deleted the post and apologised after receiving threats online.
However, she was arrested on May 9 following protests against her post, according to PTI. She was rusticated by the college on the same day.
In its rustication letter, the Sinhgad Academy of Engineering claimed that the action was justified as the student had brought disrepute to the institution. She had anti-national sentiments and posed a risk to the campus community and society, PTI quoted the institute as having alleged.
The student had challenged her rustication in the court, terming it a gross violation of her fundamental rights, PTI reported. In her petition, she urged the court to quash the rustication and allow her to appear for her semester examinations that was scheduled to begin on May 24.
During the hearing on Tuesday, Justice Godse verbally questioned the action taken by the college.
'You are ruining the life of a student?' Live Law quoted Godse as having asked the counsel representing the college. '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?'
Godse asked if the purpose of an educational institute was 'only to educate academically'.
She said that the college cannot stop her from writing the examinations. 'Let her appear for the remaining three papers,' Godse added.
Additional Government Pleader Priyabhushan Kakade, appearing for the state government, alleged that the girl's social media post was against national interest, PTI reported.
The court responded that national interest would not be hurt by a post by a student who had realised her mistake and apologised.
The bench said that 'such a radical reaction' by the state 'will further radicalise the person'.
'You need to reform her and not convert her into a criminal,' Live Law quoted Godse as having said. 'What does the state want? It doesn't want the students to express their opinions? You want to convert students into criminals?'
The court permitted the student to either convert the matter into a criminal petition or file a fresh petition, adding that it would hear it on Tuesday evening and order her release. 'Educational institutes need to help students but not help them become a criminal,' it said.
Kakade also told the court that the student can appear for her examinations with police escort, Live Law reported.
In reply, Godse stated: 'She isn't a criminal. She cannot be asked to appear with police around her. She has to be released. She cannot be stopped from appearing in exams. She cannot be asked to appear with police around her.'
Student's plea
In the petition against her rustication, the student said that the order passed by the Sinhgad Academy of Engineering was 'arbitrary and unlawful', PTI reported. The petition added that the order was issued without a show cause notice or giving her an opportunity to defend herself.
'The action [of rustication], triggered solely by a social media post expressing personal opinions, was taken without affording the petitioner any opportunity of hearing and is hence in gross violation of the principles of natural justice and fundamental rights under Article 14, 19(1)(a) and 21,' PTI quoted her petition as saying.
While Article 14 of the Constitution pertains to the right to equality, Article 19(1)(a) guarantees the right to free speech and Article 21 right to life.
The student also said that she had reposted the social media post without ill-intent and had immediately apologised.
Tensions between New Delhi and Islamabad had escalated on May 7 when the Indian military carried out strikes – codenamed Operation Sindoor – on what it claimed were terrorist camps in Pakistan and Pakistan-occupied Kashmir.
The strikes were in response to the terror attack in Jammu and Kashmir's Pahalgam, which killed 26 persons on April 22.
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