“How can the State arrest a student like this? Does the State want students to stop expressing their opinions?"
Bombay High Court Slams Maharashtra Government for Arresting Student Over Social Media Post, latest news:
The Bombay High Court on Tuesday strongly criticized the Maharashtra Government and Pune-based Sinhgad Academy of Engineering for their harsh response towards a 19-year-old student who had reshared a social media post during heightened tensions between India and Pakistan.
A vacation bench comprising Justices Gauri Godse and Somasekhar Sundaresan was hearing a plea filed by the student, a second-year Information Technology student. She has been in judicial custody since her arrest for reposting content critical of India’s stance during Operation Sindoor. In addition, she has challenged her expulsion from college in the High Court.
“The girl posted something, then realized her mistake and apologized. Instead of giving her a chance to reform, the state government arrested her and turned her into a criminal,” the bench remarked.
Questioning the “radical reaction” of the State, the court stated, “How can the State arrest a student like this? Does the State want students to stop expressing their opinions? Such a radical response from the State will only serve to further radicalize individuals.”
Government Pleader P. P. Kakade argued that the student’s post was against the national interest. However, the court dismissed this claim, stating, “National interest is not harmed by a social media post made by a student who realized her mistake and apologized.”
The court directed her lawyer, Farhana Shah, to immediately file a bail petition so that the student can appear for her semester examinations.
The bench also questioned the arbitrary decision of Sinhgad Academy of Engineering to expel the student, stating, “Instead of reforming her and helping her understand, you have turned her into a criminal. Do you want students to become criminals?”
Criticizing the role of the educational institution, the court emphasized, “The role of an educational institution is not just to impart academic education, but also to help students become better individuals. Reform, not punishment, should be the goal.”
“Someone expressed an opinion, and this is how you ruin her life? A student’s life has been destroyed,” the court observed.
In her petition, the student claimed that the college’s decision was arbitrary and amounted to a gross violation of her fundamental rights. She had shared a post from the Instagram account ‘Reformistan’ on May 7, which criticized the Indian government for allegedly escalating tensions with Pakistan. After receiving backlash and threats, she realized her mistake and deleted the post within two hours.
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