‘Not a Criminal’: Court Criticises Pune Police, Sinhgad College for Jailing Student Over Instagram Story
Pune, 27th May 2025: Khadija Shaikh, a 19-year-old engineering student who was arrested for sharing tweets critical of the Indian Army’s Operation Sindoor, was released from Yerawada Central Jail on Tuesday night following strong observations made by the Bombay High Court earlier in the day.
The division bench of Justices Gauri Godse and Somasekhar Sundaresan, during the hearing on Tuesday, questioned the legality and proportionality of her arrest. “This is absolutely shocking,” Justice Godse remarked, noting the police appeared “bent on ruining her life.” The bench also expressed concern about the college’s decision to rusticate her ahead of her examinations.
Khadija had been in custody since May 9, after sharing and later deleting her Instagram story, which allegedly sparked tensions and was deemed provocative. Despite deleting the post within two hours and issuing a public apology, she was booked under multiple sections of the Bharatiya Nyaya Sanhita, including those related to promoting enmity and public disorder.
The court observed that the student had expressed genuine remorse and questioned why punitive action continued despite her retraction. “Her act appears more like a misstep by a young student rather than any criminal intent,” the bench noted. It also criticised the college for acting in haste, stating that the rustication order seemed to have been issued without giving her a chance to respond.
Directing her immediate release, the bench emphasized that she should not face further harassment during her exams. The court instructed authorities to ensure her safety, including the provision of a separate classroom, if needed. “We do not want any incidents of public assault,” the judges stated, urging the college to balance discipline with institutional responsibility.
The court also suspended the rustication order and allowed her to apply to reappear for the exams she missed while in custody. It further clarified that while the investigation can continue, the student should not be summoned by police during her examination period.
Khadija is a second-year IT student at Sinhgad Academy of Engineering, affiliated with Savitribai Phule Pune University. She had approached the court through Advocate Farhana Shah, challenging both her arrest and college rustication as unconstitutional and arbitrary. The petition cited violations of her fundamental rights under Articles 14, 19(1)(a), and 21 of the Constitution.
During the hearing, the court also addressed concerns raised by the Assistant Public Prosecutor, who mentioned the ongoing probe and examination of Khadija’s mobile phone and laptop. However, the court insisted that her right to education and fair treatment must not be compromised.
