Court Criticizes Student Arrest in Pune

Mumbai, May 27 (PTI) The Bombay High Court issued a stinging critique of the Maharashtra government on Tuesday for arresting a 19-year-old student from Pune. The young woman faced legal action due to her social media post concerning Indo-Pak hostilities, which the court described as a "radical" reaction.

A vacation bench consisting of Justices Gauri Godse and Somasekhar Sundaresan directed the student’s counsel to file a bail application with immediate effect, expressing readiness to grant bail the same day.

The court rebuked the state government’s action as unnecessary and transformative in turning a promising student into a criminal.

The student, connected to Pune, was detained earlier in the month following her social media commentary on Indo-Pak dynamics amid Operation Sindoor.

Having apologized for the post in question, the student had hoped to challenge her college’s decision to rusticate her at the High Court.

The bench stated that once the student recognized her error and apologized, she should have been allowed the opportunity to amend her ways, instead of being branded as a criminal by the state.

The bench also questioned both the governmental and collegiate responses to the issue.

"Ruining a student's life over their opinion is misguided," the court emphasized, noting the student’s future was unnecessarily jeopardized.

Additional government pleader P P Kakade argued that the post was anti-national; however, the court countered that a single student's post, with an apology following its realization as a mistake, does not threaten national interests.

The court admonished the state’s arrest policy, questioning if they intended to stifle youthful expression and further warned such responses tend to "radicalize the person."

The bench criticized the college’s decision to expel the student, urging educational institutions to focus on reform over punishment.

Highlighting the role of educational institutions in nurturing both academic and personal growth, the court stated the college should have offered guidance rather than punitive actions.

"Instead of aiding her understanding, you've criminalized a young individual with the potential to grow," the court reprimanded.

The bench reminded all parties involved that mistakes are natural at the student’s age.

Observing the detriment already faced by the student, the bench instructed her counsel, Farhana Shah, to swiftly proceed with a bail petition.

The court resolved to arrange for the student's immediate release, ensuring her capacity to sit for her examinations.

The student's plea argued against the unwarranted decision by the college as a direct infringement on her fundamental rights.

In her appeal, she asked the High Court to revoke the rustication, reinstate her, and permit her participation in the upcoming May 24 semester exams.

A second-year IT student, she branded the Sinhgad Academy of Engineering’s suspension as "arbitrary and unlawful" under the purview of the Savitribai Phule Pune University.

The petitioner clarified her accidental reposting of criticized content, emphasizing her immediate deletion and apology.

On May 7, the Instagram repost critiquing Indian governmental actions against Pakistan was soon deleted upon threat realization following its initial release.

The college’s May 9 rustication letter cited damage to its reputation as a direct cause for their decision.

Further, the letter accused the petitioner of harboring anti-national ideals and positing a threat to public and campus safety.

The student's premature exit from college amidst protests led to her arrest by Kondhwa police, citing an FIR issued against her.

She remains in judicial custody at Pune’s Yerwada Prison subsequent to a denial of bail by a local court.

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