The Bombay High Court on 27 May 2025 strongly criticized the Maharashtra Police and Sinhgad Academy of Engineering for the arrest and rustication of a 19-year-old engineering student who had shared a controversial Instagram post about Operation Sindoor. The post, which reshared content critical of the Indian Army’s operations and included pro-Pakistan sentiments, allegedly sparked protests and calls for her arrest.
The student, Khadija Shahabuddin Sheikh, a second-year Information Technology student, was arrested on 9 May 2025 by Pune’s Kondhwa Police and is currently lodged in Yerwada Central Prison. She faces charges under Sections 152, 196, 197, 299, 352, and 353 of the newly enforced Bharatiya Nyay Sanhita, 2023.
A division bench comprising Justices Gauri Godse and Somasekhar Sundaresan expressed “shock” at the state’s response. During the morning hearing, the bench rebuked both the police and the college authorities, saying, “She is no criminal,” and questioned why the authorities did not make an effort to reform rather than punish her.
The Court noted that Sheikh had shared the contentious post on her Instagram, deleted it within two hours, and issued a public apology after receiving death threats. An FIR was filed on May 9. “According to us, it is shocking that after she deleted the post an FIR was lodged against her on May 9 without even considering the fact that she deleted the post and even apologised,” the Court said in its order.
Justice Godse further remarked, “This is absolutely shocking. It appears like police officers are bent upon ruining her life. Equally the college.”
The bench also criticised the institute for rustication without due process, saying the action was “hurriedly issued without giving an opportunity to the petitioner to respond,” and failed to acknowledge her apology and remorse. The rustication order, issued on 6 May 2025, accused her of harbouring “anti-national sentiments” and being a “risk to the campus community and society.”
During the hearing, the Court directed authorities to release the student before sunset and allow her to appear for upcoming exams. “We do not want any public assault etc… Give her a separate classroom for writing exams, if you can,” the Court instructed the college. The police were ordered to ensure her safety and refrain from calling her in for questioning during the exam period.
The Court also allowed her to apply for re-examinations for two missed papers and asked her counsel, Advocate Farhana Shah, for an assurance that Sheikh would use social media responsibly in the future. “As far as the two missed papers are concerned, we will grant you to make applications to the University to let her give the same. Also, we will need an assurance from your client that she will not engage in such activities on social media in future and use social media responsibly,” the judges stated.
In response to the college’s argument that students must adhere to discipline, the Court retorted, “Who is stopping you from this? First inculcate some discipline in the institute then discipline students. Practice what you preach.”
According to police sources, Sheikh had reposted content from the Instagram handle ‘Reformistan’, including screenshots of tweets by Pakistani nationals—one of which said “Pakistan Zindabad” and another criticizing “Hindutva extremism.” These posts surfaced shortly after India launched retaliatory strikes on Pakistani positions under Operation Sindoor, following the killing of 26 Indian tourists in Pahalgam by Pakistan-backed militants.
Posts by the concerned person. @sakal_hindu_ pic.twitter.com/qwRO0mYqUb
— Siddhi 🇮🇳 (@sidis28) May 10, 2025
Deputy Commissioner of Police (Zone 5) Rajkumar Shinde confirmed the arrest, stating, “She has been booked under Sections 152, 196, 197, 299, 352, and 353 of the Bharatiya Nyay Sanhita. The content she shared had the potential to incite unrest, especially during this sensitive period. Further investigation is underway.”
The student challenged her rustication in court, arguing that it was arbitrary and violated her constitutional rights, including the right to free speech (Article 19(1)(a)), equality before the law (Article 14), and the right to life (Article 21). Her legal plea also asserts that she was not served any show-cause notice before the disciplinary action.
The High Court has ordered the suspension of the rustication order and directed the student to cooperate with the investigation while ensuring her academic future is not jeopardized.
(With inputs from Live Law)
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