Bombay HC Grants Bail To 19-Year-Old Pune Student Arrested Over Social Media Post On Indo-Pak Conflict; Criticises Govt, Orders Immediate Release

Mumbai: The Bombay High Court on Tuesday granted bail to a 19-year-old student from Pune, arrested earlier this month over a social media post on Indo-Pak hostilities, sharply criticising the Maharashtra government for its “radical” and “unwarranted” response.

A vacation bench of Justices Gauri Godse and Somasekhar Sundaresan ordered her immediate release from Yerwada Prison, stating it was “absolutely shocking” that a young student had been treated like a “hardcore criminal” despite showing remorse. “This is not a case where the girl has to remain in custody anymore,” the court observed. “She should not have been arrested at all.”

The student, a second-year Information Technology student at Sinhgad Academy of Engineering, had reposted content from an Instagram account named ‘Reformistan’ that criticised the Indian government’s actions in the ongoing Operation Sindoor. After facing backlash and threats, she deleted the post within two hours and issued a public apology. Despite this, she was arrested on May 7 by Kondhwa police and later denied bail by a local court, her advocate Garhana Shah informed the HC.

The HC questioned the state’s motive in prosecuting a student for what it deemed a youthful error. “The girl has posted something and then realised her mistake and apologised. Instead of giving her a chance to reform, the state government has arrested her and turned her into a criminal,” the bench remarked.

The judges also addressed the student’s immediate academic concerns, directing prison authorities to ensure her release by Tuesday evening so she could appear for her semester exams. Simultaneously, the court suspended her rustication from college and ordered the institution to issue her a hall ticket.

Criticising the college’s action, the court said, “The rustication order has been issued hurriedly without giving the student an opportunity to explain.” It further called the disciplinary response arbitrary and excessive. “Someone is expressing their opinion, and this is how you ruin her life? A student’s life has been ruined.”

Sinhgad Academy had accused the student of bringing “disrepute to the institution” and labeled her actions “anti-national,” claiming she posed a threat to the campus and society. She was escorted off campus amid student protests prior to her arrest.

The court, however, rejected both the state and college’s characterisation of the incident. “Instead of reforming her and making her understand, you have turned her into a criminal. You want the student to turn into a criminal?” the bench asked, emphasizing that educational institutions have a duty to support students’ growth. “The job of an educational institution is not just to impart academic education but also to help students reform. The girl is at an age where mistakes are bound to happen.”

Additional government pleader PP Kakade argued that the student’s post was against national interest. But the court countered: “National interest would not suffer because of a post uploaded by a student who has realised her mistake and apologised.”

The student’s plea also challenges her rustication and seeks reinstatement and permission to take her exams, which began on May 24. She contends the action violates her fundamental rights and insists her repost was made “without ill intent.”

The court has asked the student to attend the concerned police station as and when called and cooperate with the investigation. She has also been directed not to leave Maharashtra without taking leave of the HC.

The judges also recorded Shah’s apprehension and the reaction on social media and directed the police to provide “adequate police protection for appearing at the examination, as required”. Keeping in mind the security concerns, the college has also been asked to arrange a separate classroom to enable the student to appear for the examination.

While directing the State and college to file their reply affidavits, the HC has sought compliance of its order on May 29.