The Bombay High Court, on Tuesday, slammed the Maharashtra Government and the Singhad Academy of Engineering for arresting and rusticated a female student from Pune for resharing an Instagram post, which allegedly criticised ‘Operation Sindoor’. A division bench of Justices Gauri Godse and Somasekhar Sundaresan questioned the actions of the state and the Institute for treating the student like a criminal, instead of endeavouring to reform her. The court has decided to order her release with immediate effect today evening.
The nineteen-year-old engineering student shared a post from ‘Reformistan’, criticising the Indian Army’s Operation Sindoor. She is currently lodged in Pune’s Yerwada Central Prison. She has been booked under Sections 152 (Assaulting or obstructing a public servant while they are performing their duty to suppress a riot, unlawful assembly, or affray), 196 (corruptly using or attempting to use false evidence as authentic or genuine) 197, 299 (culpable homicide) 352 (assault or the use of criminal force to another person) and 353(assault or criminal force to deter a public servant from discharging their duty) of Bharatiya Nyay Sanhita, 2023.
The plea, filed by counsel Farhana Shah, appeared on behalf of the student and argued that she had already submitted an apology regarding the post, which she had deleted two hours after resharing it in her Instagram story, following the receipt of death threats for the post she had initially shared. Following this, a scuffle broke out in the college, with students calling out against her, and the college authority immediately served her with rustication orders.
The plea also claims that the rustication order was issued without any prior show-cause notice being served. The student is currently in her second year of Engineering, and the orders came in days before her final examination.
“According to us, it is shocking that after she deleted the post, an FIR was lodged against her on May 9, although she deleted the post and even apologised,” the Court observed.
The institute claims that some students “need to be disciplined,” to which the court responded that the institute should first inculcate discipline in itself and then in the students.
“Practice what you preach,” the Court told the college authority.
The bench also rebuked the ongoing investigation, as the public prosecutor informed that the police are in the process of examining her mobile and laptop.
“This is absolutely shocking. It appears that police officers are bent upon ruining her life. Equally, the college.”
The court also enquired about the mental state of the student and disallowed the Police seeking to assisting her to the exam centre.
The court assured the University that it would grant her permission to write two of the missed exams and, at the same time, took assurance from her counsel that she would not indulge in any such actions again.
“Also, we will need an assurance from your client that she will not engage in such activities on social media in future and use social media responsibly,” the court observed.
