Bombay High Court Slams Maharashtra Police Over Student’s Arrest for Social Media Post, Orders Immediate Release

The Bombay High Court came down heavily on the Maharashtra Police and college authorities for arresting a 19-year-old engineering student who had reshared an Instagram post related to the Indian Army’s Operation Sindoor. The court on Monday expressed “shock” over the treatment meted out to the young woman and questioned the rationale behind criminalising what it deemed a moment of youthful indiscretion.

The division bench comprising Justices Gauri Godse and Somasekhar Sundaresan was visibly disturbed by the actions taken against the second-year Information Technology student from Pune’s Sinhgad Academy of Engineering. The girl is currently lodged in Yerwada Central Jail after being booked under several serious sections of the Bharatiya Nyay Sanhita, including Sections 152, 196, 197, 299, 352, and 353 charges typically invoked in grave cases involving threats to public order.

During the morning session, the bench made scathing remarks, calling out both the police and the institute for treating the young woman like a hardened criminal instead of making any effort to counsel or reform her. “It appears like the police are bent on ruining her life,” Justice Godse remarked. “Equally, the college too,” she added.

The court made it clear that the student must be released the same day and warned authorities that no excuses would be tolerated if she wasn’t freed before sunset. When the matter resumed in the evening, the Assistant Public Prosecutor informed the bench that the investigation was still underway and that the student’s phone and laptop were being examined. This prompted even stronger comments from the court.

The student had reposted content from an Instagram account called Reformistan on May 7, criticising India’s stance in its ongoing tensions with Pakistan. She reportedly deleted the post within two hours and later issued a public apology after receiving threats. Despite her apology, an FIR was registered against her on May 9. “It is shocking that an FIR was filed after she deleted the post and expressed remorse,” the court observed, noting that her actions did not warrant such a severe response.

The court also enquired about her emotional and mental well-being, particularly in light of her exams. It ordered that she be immediately released to allow her to appear for the remaining papers. The judges directed police authorities to ensure her safety and, if needed, arrange a separate classroom for her to write exams to avoid any risk of public hostility.

Significantly, the court also addressed her rustication from the college, which had been carried out prior to her arrest. The bench opined that the institute had acted in haste, failing to issue a show-cause notice or provide her with an opportunity to respond. “It completely ignores her act of deleting the post and expressing remorse,” the bench noted, ordering a suspension of the rustication.

The judges also pulled up the college’s argument that students “need to follow discipline.” “Who is stopping you?” the bench countered. “First inculcate some discipline in the institution itself before preaching to students.”

The student’s legal counsel, Advocate Farhana Shah, assured the court that her client would use social media responsibly in the future. The court also permitted the student to file an application before the university to be allowed to appear for the missed papers.

The case has sparked debate around freedom of expression, disciplinary overreach, and the proportionality of state action. The student’s plea argues that the rustication and arrest violate her constitutional rights under Articles 14 (Right to Equality), 19(1)(a) (Freedom of Speech), and 21 (Right to Life).

While the court has allowed the investigation to continue, it ordered that the student not be summoned by the police during her exams. “We must protect young lives from being permanently scarred by institutional overreaction,” the court observed.