Mumbai Court Ruling on Anticipatory Bail for TISS Students
A Mumbai sessions court has denied anticipatory bail to two students of the Tata Institute of Social Sciences (TISS) following allegations involving slogans supporting Umar Khalid and Sharjeel Imam. These events occurred during a campus gathering, leading to a case initiated by the Mumbai Police. The court, led by Additional Sessions Judge VB Bohra, referenced the Supreme Court’s previous refusal to grant bail to Khalid and Imam in connection with the Delhi riots case, emphasizing the expectation for students to respect the law.
Details of the Case and Court Observations
The sessions court delivered its decision on August 7, concerning a First Information Report (FIR) that was initially filed at the Trombay police station before being transferred to the Crime Investigation Department (CID). The FIR alleged that a group of 10 to 12 students gathered without official permission from TISS near a hostel to honor late human rights activist GN Saibaba. Their activities included lighting candles, reading his poetry, and chanting slogans for Khalid’s and Imam’s release.
While the Bombay High Court had acquitted Saibaba in a terror case prior to his passing, the act of paying tribute to him, according to the sessions court, was not deemed illegal. However, the court took a distinct stance on two students, Kamakhya Das and Abhirup Paul, based on evidence purportedly recovered during the investigation.
Specific Findings on Kamakhya Das and Abhirup Paul
In the case of Kamakhya Das, the court noted the presence of certain books allegedly published by CPI (Maoist) members found on electronic devices, along with purportedly deleted information. The prosecution claimed non-cooperation and threats towards a police officer during the bail application process. Judge Bohra highlighted that while no criminal offense was committed, the materials found raised suspicions about Das’s conduct, necessitating custodial interrogation to explore her motives for downloading the books and the slogans raised.
Similarly, Abhirup Paul’s plea was rejected based on analogous reasoning. The court observed that books linked to the Indian Communist Party (Maoist) were discovered downloaded and saved on his devices. Paul’s WhatsApp conversations indicated fieldwork participation, and some information was deleted. These elements suggested possible ideological influence, warranting further investigation through custodial interrogation. Additionally, allegations were made about Paul’s association with the Progressive Students Forum, which purportedly used social media to pressure the complainant, and a prosecution witness reportedly faced threats.
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Anticipatory Bail Granted to Other Accused Students
Conversely, the court granted anticipatory bail to seven other accused students, including Uttkarsh Khuntia, Yash Kaundilya, Avantika, Ishpreet Kaur, Nikita Monica Dsouza, Hardika Bhagat, and Satyam Yadav. It was determined that the allegations against these individuals were less severe, necessitating no custodial interrogation. The court noted their cooperation with authorities and the lack of incriminating evidence beyond participation in the event, slogan-raising, or poetry reading.
These seven students were instructed to provide personal bonds of ₹25,000 with one surety each, cooperate with the CID, abstain from influencing witnesses, and not leave India without the trial court’s permission.
