Operation Sindoor: HC quashes rustication of Pune student arrested over ‘Pakistan Zindabad' post
MUMBAI: The Bombay High Court on Monday set aside the rustication order issued to a 19-year-old engineering student from Pune who was arrested last month for reposting a controversial social media message that ended with the phrase 'Pakistan Zindabad', in the context of the recent India-Pakistan military tensions after Operation Sindoor.
The court held that the college's action violated the principles of natural justice, noting that the student had not been given an opportunity to be heard before the disciplinary action was taken.
The student, represented by advocate Farhana Shah, had challenged the college's May 9 decision to rusticate her, calling it 'arbitrary and unlawful'. She was subsequently arrested, remanded to judicial custody, and denied bail by a Pune magistrate.
According to her petition, the student had merely reshared an Instagram post originally published by 'Reformistan', a Pakistan-based account run by Dr Maarib Iftikhar, a doctor and writer. The petition stated that she reposted the content without any malicious intent.
Following the backlash, she faced public outrage and casteist abuse both on and off campus. Though she deleted the post and issued an apology, the college proceeded with her expulsion, alleging that her actions were 'anti-national' and posed a threat to campus harmony. The institution also claimed that her post had damaged its reputation and that the rustication was necessary to preserve its ethos.
On May 27, a division bench of Justices Gauri Godse and Somasekhar Sundaresan criticised the college's hasty decision. 'Somebody expresses something, and you want to ruin the life of a student? How can you rusticate?' the bench remarked. 'Prima facie, we find the rustication order was issued without giving the petitioner an opportunity to respond, and it requires to be suspended.'
A separate bench of Justices Makarand S Karnik and Nitin R Borkar on Monday directed the college to revisit the matter and pass a fresh order in accordance with the law, ensuring the student is granted a fair hearing.
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