Bombay HC slams Pune college, state for ‘criminalizing’ student’s Instagram post on Op Sindoor

In a striking rebuke, the Bombay High Court on May 27 pulled up the Maharashtra government and Pune’s Sinhgad Academy of Engineering for what it described as excessive and punitive action against a 19-year-old student arrested and rusticated over a social media post linked to “Operation Sindoor.”

The second-year Information Technology student was arrested on May 9 — the same day her college issued a rustication order — following a First Information Report (FIR) filed at Pune’s Kondhwa police station. She has since been lodged in Yerawada jail.

The student approached the High Court seeking immediate relief — the quashing of her rustication and permission to appear for her semester exams, scheduled to begin May 24. Represented by advocate Farhana Shah, she argued that the college acted in an arbitrary and unconstitutional manner, denying her any notice, hearing, or recourse — a direct violation of natural justice and her fundamental rights under Articles 14, 19(1)(a), and 21.

A vacation bench comprising Justices Gauri V Godse and Somasekhar Sundaresan expressed sharp disapproval of the college's and state’s actions, questioning the intent and proportionality of the response.

“What is this? What kind of conduct is this?” Justice Godse asked the college's lawyer. “Someone expresses something, and you want to ruin the life of a student? Did you call for any explanation? Let her appear for her exams — this is not how an educational institution should act.”

The bench underscored that the student had already faced serious consequences, including arrest and public scrutiny. She had expressed remorse and deleted the controversial post. The judges emphasized that she needed support and reformation — not criminalization.

“What national interest is being protected here?” the bench asked, responding to the college’s justification that the action was taken considering “national interest.” “She is a young student who made a mistake and admitted it. You are treating her like a criminal. Do you want to help her — or create a criminal out of her?”

The college’s rustication letter had claimed her post undermined its reputation and threatened social harmony on campus. The court, however, found this rationale insufficient to justify barring her from exams or sending her to jail.

Rejecting a state submission that she could write exams under police escort, the court responded firmly: “She is not a criminal. She cannot be asked to appear for exams surrounded by police. She has to be released.”

The court allowed the petitioner to file a criminal plea seeking her release and directed the government counsel to seek immediate instructions from the police. The matter is slated for further hearing later in the day.

As the legal battle unfolds, the case has sparked broader concern about the use of institutional and legal machinery against students — and the limits of free expression on campus.