"She Is No Criminal": Bombay High Court Slams State, Engineering Institute Over Arrest Of Student For Post On 'Operation Sindoor'

While hearing a petition filed by a 19-year-old engineering student, who was arrested for making an allegedly objectionable post on 'Operation Sindoor' on social media, the Bombay High Court on Tuesday (May 27) remarked that the student has to be released adding that she had already faced the consequences after being rusticated by college. The court further asked the student's counsel to move an appropriate plea seeking her release before the high court adding that it will hear the matter today eveningA vacation court division bench of Justices Gauri Godse and Somasekhar Sundaresan was hearing the student's plea challenging her rustication.During the hearing Justice Godse orally remarked to the counsel appearing for the college, "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? We understand you want to take some action but you cannot refrain her from taking exams. Let her appear for the remaining three papers". As the college's Counsel began to argue on the aspect of national interest, Justice Sundaresan orally said, "What national interest? She has already faced the consequence".Justice Godse further said, "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?". "This will only radicalise people and nothing else," Justice Sundaresan added. "We are allowing you to convert this matter into a criminal plea or file a fresh plea we will hear it today evening itself and order her release. Educational institutes need to help students but not help them to become a criminal," the court further said. When the additional government pleader Priyabhushan Kakade appearing for the State said that the student can appear for her college exams with police escort, Justice Godse remarked:"What is this Mr Kakade. 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". The bench permitted Advocate Farhana Shah appearing for the petitioner student to file a fresh plea for the student's release from jail and keeps the same for hearing today evening. Justice Godse said,"Whoever is the Public Prosecutor assigned to this Court, do get in touch with the concerned police station and the Investigating Officer. Ensure you get all the requisite instructions". The student from Pune's Sinhgad Academy of Engineering—an unaided private college affiliated with Savitribai Phule Pune University, was arrested on May 9, over a controversial Instagram repost related to Indo-Pak tensions following Operation Sindoor. She has challenged her 'rustication' from the institute for her allegedly objectionable posts arguing that the said action was "arbitrary and unlawful."In her plea filed through Advocate Farhana Shah, the student has alleged that the institute did not serve any show-cause notice to her before issuing the rustication order. The student presently is pursuing her Information Technology course and is in the second year. She is lodged the Yerwada jail in Pune.The action, the plea contends violates the right to equality (Article 14), right to free speech (Article 19(1)(a)) and right to life (Article 21) provided in the Constitution of India.According to the petitioner, she had reposted a post from the Instagram handle 'Reformistan' on May 7, which was very critical about the the Indian government's role in escalating tensions with Pakistan. She, however, deleted the said post within two hours and later issued a public apology following the death threats that she received. Even as the petitioner apologised for her post, she was arrested on May 7 itself after protests broke out in the institute. She was arrested by the Kondhwa Police Station in Pune. She was rusticated by the college on May 6 citing her social media posts, which the institute claimed brought 'disrepute' and indicated that she harboured "anti-national sentiments", posing a "risk to the campus community and society."

"She Is No Criminal": Bombay High Court Slams State, Engineering Institute Over Arrest Of Student For Post On 'Operation Sindoor'

Narsi Benwal

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