"Save Grace": Bombay High Court Urges State Not To Resist Release Of Pharmacy Student Held For Posts Against NCP Supremo Sharad Pawar

The bench of Justices SS Shinde and MN Jadhav asked the prosecutor to take instructions from the Home Department regarding the matter, adding that the "state's grace will be saved" if they voluntarily decide not to oppose his release.

It was hearing a petition filed by a pharmacy student, Nikhil Bhamre, challenging the cases lodged against him over the posts and seeking immediate release.

On Monday the bench observed that even Pawar, a veteran, wouldn't approve of a student being kept in prison for over a month. The bench, however didn't mention Pawar's name.

"If you start taking action like this, then you [will] end up damaging the name of the person who has received the second highest civilian award (Padma Vibhushan). [It is] unheard that some student is kept in custody like this. Even the towering personality will not like that such a student be kept in jail."

The court was irked by the fact that all the action revolved around a social media post that didn't even mention the political leader's name.

"There are hundreds and thousands of tweets posted every day. Will you take cognizance of each and every tweet? We do not want FIRs like these," the bench said during the hearing. "Nobody is named. And you (State) keep someone in prison for a month. How is this a basis of everything?" Justice Shinde said.

The court then posted the matter for further hearing on June 16, directed the prosecutor to take instructions from the Home Department and make a statement of no objection for releasing Bhamre from custody.