“This is an absolutely shocking case where a 19-year old student has been arrested and detained in police custody…” expressed the Bombay High Court bench of Justice Gauri Godse and Justice Somasekhar Sundaresan while considering a petition filed by a 19-year-old engineering student who had been arrested for allegedly posting objectionable content on social media about 'Operation Sindoor’.

The petitioner, a fourth-semester B.E. (Information Technology) student at Sinhagad Academy of Engineering, had posted on Instagram about the ongoing conflict between Bharat and Pakistan on May 7, 2025. Though she deleted the post within two hours and publicly tendered an apology expressing remorse, an FIR was registered against her on May 9, 2025, by a police constable on patrolling duty. The charges invoked were 152, 196, 197, 299, 352 and 353 of Bharatiya Nyaya Sanhita, 2023 (BNS), on the alleged ground that the post could incite communal disharmony and disrupt public peace.

The bench was considering a petition challenging her rustication from the institution and a criminal application seeking release and quashing of FIR.

At the outset the bench held that there was no dispute in regards to the remorse of the Petitioner for her actions as within two hours of the post an apology was rendered thus termed the subsequent arrest as "absolutely shocking." and found no reason for her to be in custody.

“According to us, it is thus shocking that after she deleted the post, the FIR was lodged against her on 9 th May 2025. Without even considering the factual aspect of deleting the post and tendering an apology, the concerned Investigating Officer has taken the Petitioner into custody”

It was submitted to the court that the Petitioner was unable to appear for the exams solely because of her being in custody and rusticated, thus sought relief to appear for the two missed exams as a special case. It was highlighted to the court by the counsel appearing for the institution that since the University conducts the exams, the institution will not be able to take that decision independently and also pointed out that the University is not a Party Respondent, thus in this regard the bench was not able pass any direction. However, the Petitioner was given the liberty to amend the Petition and seek appropriate relief or adopt any other procedure in regards to the same.

On the issue of rustication, the Court held that the disciplinary action taken by the institution appeared to be both arbitrary and premature. It criticized the administration for failing to give the petitioner an adequate opportunity to respond to the allegations. Acknowledging her prompt apology and absence of any prior misconduct, the Court suspended the rustication order and directed the institution to allow her to appear for the remaining examination scheduled on 29/05/2025.

Additionally, the court also directed police protection for the student and allowed the possibility of a separate classroom if deemed necessary by the institution to prevent any intimidation or social backlash.

Case Title: Khadeejah Shahabuddin Shaikh v. State of Maharashtra & Ors., W.P. No.6684/ 2025

Khadeejah Shahabuddin Shaikh v. State of Maharashtra & Ors.,Criminal Application No.598 Of 2025

Advocate for Petitioners: Ms Farhana Shah a/w. Mr. Amin Solkar, Senior Counsel and Intern Omkar Shah,

Advocate for Respondents in W.P. No.6684 of 2025: Mr. Nitin Dhumal

Advocate for Respondent in Criminal Application No.598 of 2025: Mr. Ashok Gawai, AGP for State