The Bombay High Court has nullified the rustication order issued by a Pune-based engineering college against a 19-year-old Muslim student who had been arrested last month following her repost of a social media post related to Operation Sindoor.
The High Court, as per Bar and Bench, ruled that the disciplinary action was taken without giving the student an opportunity to present her side, thereby violating the principles of natural justice.
The student, enrolled in the second year of the Information Technology program at Sinhgad Academy of Engineering, an institution affiliated with Savitribai Phule Pune University, had reshared content on Instagram on May 7.
The original post—published by ‘Reformistan’, a Pakistan-based account reportedly operated by Dr. Maarib Iftikhar—criticised the Indian government and concluded with the phrase “Pakistan Zindabad,” against the backdrop of India-Pakistan military tensions following Operation Sindoor.
Following the repost, the student reportedly began receiving online death threats, after which she removed the post and issued a public apology. Nevertheless, amid a growing hate campaign, she was arrested on May 9 and simultaneously rusticated by the college.
She subsequently moved the Bombay High Court, challenging her expulsion and terming it “arbitrary and unlawful.”
Represented by Advocate Farhana Shah, her petition underscored that the repost lacked any malicious intent.
While she was remanded to judicial custody and initially denied bail by a local magistrate, a division bench comprising Justices Gauri Godse and Somasekhar Sundaresan later came down heavily on both the college and the Maharashtra government for their actions. The bench remarked, “Somebody expresses something, and you want to ruin the life of a student? How can you rusticate?” The judges further stated, “Prima facie, we find the rustication order was issued without giving the petitioner an opportunity to respond, and it requires to be suspended.”
The same bench had also taken issue with the state’s handling of the arrest, instructing her counsel to submit a bail plea, assuring that it would be “granted immediately.” On May 27, she was granted bail.
During her time in custody, she missed university examinations scheduled for May 24 and May 27. Taking this into account, the court permitted her to seek redress from the university authorities. The bench also instructed the police to ensure her safety during examinations and allowed the institution to arrange separate seating if necessary. Further, the student was barred from exiting Maharashtra without the court’s permission and directed not to be summoned by the police while exams were underway.
When the matter came up again on Monday, the court was informed that she had successfully appeared for the three remaining examinations.
A different bench, comprising Justices Makarand S. Karnik and Nitin R. Borkar, ultimately quashed the college’s rustication order, noting that the student had been denied a hearing before such punitive action was imposed. The court has now directed the college to reassess the matter and issue a fresh decision, “in accordance with law,” ensuring that the student is given an opportunity to be heard.
According to the student’s petition, she had also been subjected to “public outrage and casteist abuse” both online and on campus in the aftermath of the incident. Despite her apology and deletion of the post, the college stood by its decision, citing reputational damage and a perceived threat to campus harmony, and claimed the rustication was essential to uphold the institution’s values.
