Post on Op Sindoor: Bombay HC sets aside Pune student's rustication letter

Mumbai, Jun 9 (PTI) The Bombay High Court on Monday set aside the rustication letter issued to a Pune student booked for a social media post criticising the Indian government over Operation Sindoor, citing that the college's action without hearing her out was "in breach of natural justice".

The 19-year-old student of Sinhgad Academy of Engineering, who is originally from Jammu and Kashmir, was arrested last month and later released on bail.

While ordering her immediate release on May 27, the court also suspended the rustication order issued by the college, allowing her to sit for her second-year semester examinations.

The division bench of Justices Makarand S Karnik and Nitin R Borkar on Monday noted that the rustication letter issued by Sinhgad Academy of Engineering without hearing the student was "in breach of natural justice".

Setting aside the rustication order, the court granted the institute liberty to take an appropriate decision after hearing her and complying with the principles of natural justice.

On permitting the student to appear for the exams missed during custody, the court stated that it had not made any observation on the merits of the case.

The bench said that it was up to the director, Board of Examination (BoE) of Savitribai Phule Pune University (SPPU), to take an appropriate decision on her representation in an expeditious manner.

The student's lawyer had earlier stated that she had missed two papers and as many practical exams while she was in custody.

The controversy began on May 7 when the student, pursuing a Bachelor of Engineering (Information Technology) degree, shared a post on Instagram from an account named ‘Reformistan’ that criticised the Indian government amid Operation Sindoor, which targeted terror sites in PoK and Pakistan.

However, realising her mistake, she deleted the post and also apologised for reposting it.

Despite the teenager deleting the post swiftly, the Kondhwa police in Pune registered an FIR on May 9 and arrested her.

She was later sent to judicial custody and lodged at Yerwada prison. The college also rusticated her immediately.

Challenging her rustication and seeking quashing of the FIR, the student approached the Bombay High Court. PTI AVI ARU