Bombay High Court Criticizes Maharashtra Government Over Pune Student’s Arrest

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On Tuesday, the Bombay High Court strongly condemned the Maharashtra government and a private engineering college in Pune for the arrest and rustication of Khadija Sheikh, a 19-year-old student who reshared a social media post criticizing the Indian Army’s Operation Sindoor, according to a report by the New Indian Express.While hearing Sheikh’s bail plea, the court questioned the State’s decision to treat a young woman as a criminal instead of adopting a reformative approach.

“This is absolutely shocking. It appears that police officers are bent on ruining her life, as is the college,” stated Justice Gauri Godse during the proceedings.The division bench, which also included Justice Somasekhar Sundaresan, ordered Sheikh’s immediate release from Pune’s Yerwada Central Prison to ensure she could attend her upcoming semester exams.Sheikh was arrested on May 9, just two days after reposting critical Instagram stories about the government amid the Indo-Pak hostilities related to Operation Sindoor.

Following online threats and backlash, she deleted the post within two hours and issued an apology.Despite her swift action, Sheikh was charged under multiple sections of the Bharatiya Nyay Sanhita, 2023, including sections 152, 196, 197, 299, 352, and 353, and detained in Pune, as reported by Live Law. The court learned that the Pune police, along with the Anti-Terrorism Squad (ATS), National Investigation Agency (NIA), and other intelligence units, were involved in the investigation.The court criticized the authorities for their disproportionate response, stating, “The girl posted something, realized her mistake, and apologized. Instead of giving her a chance to reform, the state government has arrested her and turned her into a criminal.”

They warned that such radical actions could further radicalize individuals.The judges also reprimanded Sinhgad Academy for rusticating Sheikh without allowing her an opportunity to explain herself. The college’s rustication letter, issued on the same day as her arrest, claimed she exhibited “anti-national sentiments” and posed a “risk to the campus community and society.” Sheikh was escorted out amidst protests.The court has suspended the rustication order, directed the college to issue her exam hall ticket immediately, and recommended that she be provided a separate classroom for safety. “We do not want any public assault, etc.,” Justice Godse remarked.

Sheikh’s lawyer, Farhana Shah, initially approached the High Court seeking to challenge the rustication. During the hearing, a petition was also filed to quash the FIR and grant bail. Sheikh argued that the college’s decision was arbitrary and violated her fundamental rights, emphasizing that she had reposted the content without malicious intent and had expressed remorse.When the government pleader argued that her social media activity was against national interest, the court countered, “How can the state arrest a student like this? Does the state want students to stop expressing their opinions?