Bombay HC Slams State, College For Rustication, Arrest of Student Over Post on Operation Sindoor
New Delhi: The Bombay high court on Tuesday (May 27) slammed the state and an engineering college over the arrest of a 19-year-old engineering student who was earlier arrested for making an allegedly “objectionable post” on Operation Sindoor on social media.
According to Livelaw, the petitioner said she had reposted an Instagram post by the Lahore-based 'Reformistan' handle on May 7—just after news of Op. Sindoor emerged—and then deleted it two hours later with an apology after receiving death threats. The Reformistan post had criticised Prime Minister Modi's "Islamophobic fanaticism" for the bombing of "women and children" and "ensuring that South Asia remains forever at its own throat, exactly as 'divide and rule' intended."
While hearing the petition filed by the student, a division bench of Justices Gauri Godse and Somasekhar Sundaresan said that she has to be released.
"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,” Justice Godse orally remarked while hearing the case, reported LiveLaw.
“"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?" added Justice Godse.
After the college's counsel began to argue on the aspect of national interest, Justice Sundaresan remarked orally, "What national interest? She has already faced the consequence".
The court added that it will hear the matter again on Tuesday evening and order the release of the student.
“Educational institutes need to help students but not help them to become a criminal," said the court.
Priyabhushan Kakade, who was appearing as government pleader for the state said that the student can appear for her college exams with police escort.
'She isn't a criminal. She cannot be asked to appear with police around her.'
"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,” Justice Godse remarked in response to Kakade.
The bench allowed advocate Farhana Shah, who was appearing for the petitioner to file a fresh plea for the student’s release from jail and to kept the hearing for Tuesday evening.
The petitioner, a student from Pune's Sinhgad Academy of Engineering – an unaided private college affiliated with Savitribai Phule Pune University, was arrested on May 9 over an Instagram post on Operation Sindoor that criticised the Indian government.
Despite deleting the post and apologising later, she was subsequently rusticated and arrested. In her petition, the student has alleged that action against her was "arbitrary and unlawful."
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