The Bombay High Court on Tuesday ordered the immediate release of a 19-year-old engineering student who was arrested and subsequently rusticated earlier this month for allegedly sharing a controversial Instagram post on the recent Indo-Pak tensions..The student, a fourth-semester student at Sinhgad Academy of Engineering in Pune, had moved the High Court challenging her arrest and rustication. She was arrested on May 9 and had remained in judicial custody at Yerwada Central Jail since then..A vacation bench of Justices Gauri Godse and Somasekhar Sundaresan granted her interim bail and suspended the college’s May 9 rustication order. The Court directed that she be released by Tuesday evening and allowed to appear for her remaining university examinations scheduled for May 29, May 31 and June 3.“It is shocking that after she deleted [the] post, an FIR was filed against her on May 9 without even considering she deleted the post and rendered apology...We do not see any reason why she was taken in custody,” the Bench remarked, describing the post as “an act of indiscretion by a young student who is taking education.”.The first information report (FIR) accuses the student of sharing an Instagram post on May 7 that allegedly incited tension between religious communities and was likely to disturb public peace and national security. The post, which was deleted within two hours, was followed by a public apology from the student.The Court criticised the college's decision to rusticate the student without a hearing. Justice Godse questioned: “How can you rusticate like this? Did you call upon any explanation also? Straightaway you rusticate?”To counsel appearing for the college, she said, “You are appearing for an educational institution. What is the purpose of your educational institute - only educate academically? Someone makes some kind of comment that the institution feels is not correct - you need to reform the student or do you want to see to it that the student is converted into a criminal. She is not a criminal. She has made a mistake and apologised. We need to reform her, right? She has accepted she made a mistake...We can understand you want to take action - that is a different thing altogether. You can't refrain a student from appearing for exams.".Justice Sundaresan pushed back against the argument that the post posed a threat to national security, saying, “What national interest? We have seen the file. This is the age to make mistakes and rectify and deal with it. That is your role as an educational institution...What impact does a student's comment have on national interest?He warned against the chilling effect of such State action, saying, “This attitude will radicalise people. Radical reaction from state will radicalise people.”.In its order, the Court observed that the student had missed exams held on May 24 and 27 while in custody and directed that she be permitted to appear for the remaining papers. For the exams she missed, she is at the liberty to make appropriate representations before the authorities, the Court added.It also directed the police not to summon her during the exam period and instructed that she should not leave Maharashtra without the Court’s permission.Acknowledging safety concerns, the Bench ordered the police to provide protection when she appears for exams and granted the college liberty to set up a separate classroom, if necessary. The authorities were told to act upon the electronic copy of the order to ensure timely compliance.On the issue of rustication, the Court held that the order was “hurriedly issued without giving the petitioner opportunity to respond” and “completely ignores” her deletion of the post and expression of remorse. The suspension of the rustication order will remain in effect pending further hearing.
