The
Bombay High Court slammed the Maharashtra government and Pune’s Sinhgad Academy
of Engineering for their actions against a second-year female engineering
student, who was rusticated and arrested over a social media post related to Operation
Sindoor.
The
student, studying at the private college affiliated with Savitribai Phule Pune
University, was rusticated and arrested on May 9 after an FIR was lodged at
Kondhwa police station. She has been lodged in Pune's Yerwada prison since then.
In
her plea, the student challenged her rustication as “arbitrary and unlawful,”
claiming it was issued without any show-cause notice or opportunity to be
heard, violating principles of natural justice and her fundamental rights under
Articles 14, 19(1)(a), and 21 of the Constitution.
Her
lawyer, Farhana Shah, requested an urgent hearing considering her upcoming
semester examinations, emphasizing the impact of her continued detention.
A
vacation bench of Justices Gauri V Godse and Somasekhar Sundaresan ordered the
student’s release, stressing the need for reform rather than punishment.
Justice Godse sharply questioned the state's and the
college's actions, “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?” She
emphasized that “she is not a criminal,” the HC stated.
“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.” The court ruled,
“she cannot be stopped from appearing in exams. She cannot be asked to appear
with police around her.”
The
college’s counsel claimed the action was taken in “national interest,” which
the bench dismissed, saying, “What national interest? This is an age to make
mistakes and rectify. She has already faced consequences. What impact will a
student’s comment have on national interest? She has suffered enough. You are
treating her like a criminal. She accepted she made a mistake and removed it.
You need to reform her. You need to help her, or you want to convert her into a
criminal?”
The
college’s rustication letter stated that while free expression was recognized,
students were expected to act responsibly and within the law, claiming her
posts undermined the college’s reputation and risked disharmony.
The
court allowed her legal team to file a criminal plea for her release and
requested the government’s counsel to obtain police instructions before
adjourning the matter.