Khadija Sheikh, a second-year IT engineering student at Pune’s Sinhgad Academy of Engineering—an unaided private college affiliated with Savitribai Phule Pune University was arrested on May 9 for Instagram stories criticising the Indian government during the Indo-Pak hostilities amid Operation Sindoor.Within two hours after sharing the Instagram stories on May 7, she deleted them following a barrage of threats.However, the girl was arrested and booked under Sections 152, 196, 197, 299, 352 and 353 of Bharatiya Nyay Sanhita, 2023. Along with the Pune city police, the Maharashtra Anti-Terrorism Squad (ATS), the National Investigation Agency (NIA) and intelligence agencies joined the probe in the case.Following the arrest, on May 9, her college issued a rustication letter stating that since the girl had brought disrepute to the institution, it was justified to preserve the institution’s ethos.It further said the student had “anti-national sentiments” and posed a “risk to the campus community and society.”The girl had to be escorted out of college due to protests against her. Observing that the girl’s act of sharing such posts can be termed as an “act of indiscretion” by a young student, the court said, “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 court questioned the conduct of the government and the college.”Someone is expressing their opinion, and this is how you ruin her life? A student’s life has been ruined,” it said.When additional government pleader P P Kakade argued that the girl’s post was against the national interest, the court remarked, “How can the state arrest a student like this? Does the state want students to stop expressing their opinions? Such a radical reaction from the state will further radicalise the person.”The bench also rapped the college for rusticating the girl, saying that an educational institution’s approach should be to reform, not punish.When the counsel for the college argued that ‘students need to follow some discipline’ the judges remarked, “Who is stopping you from this? First inculcate some discipline in the institute then discipline students. Practice what you preach.””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 court asked.It said the girl is at an age where mistakes are bound to happen and she had suffered enough.While the girl had initially moved the HC challenging the decision taken by her college rusticating her, her lawyer Farhana Shah on Tuesday also filed a petition seeking quashing of the FIR and bail.The teen, in her plea, stated that the college’s decision was arbitrary and a gross violation of her fundamental rights.She requested the high court to quash the rustication, order her reinstatement, and allow her to appear for the semester exams scheduled to begin on May 24. The student contended that the rustication order passed by the institution, was “arbitrary and unlawful”.She also stated that she had reposted the social media post without ill intent and immediately apologised.
Source link
