Bombay High Court Grants Interim Relief to Ex-TISS Student Over Slogan Allegations

High Court Provides Temporary Protection to Former TISS Student

In a significant legal development, the Bombay High Court on Friday extended interim protection from arrest to Kamakhya Das, a former student of the Tata Institute of Social Sciences (TISS). Das was implicated in a case for allegedly raising slogans supporting jailed activists Sharjeel Imam and Umar Khalid during an unauthorized event at the TISS campus.

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The decision, presided over by Justice Prafulla Khubalkar, reasoned that custodial interrogation was unnecessary at this juncture since Das’s electronic devices had already been confiscated. Consequently, Das was granted bail with the stipulation that he cooperate with the ongoing investigation. Justice Khubalkar noted, “Considering the nature of the allegations and the fact that the mobile phone and laptop of the applicant are already seized, at this stage, custodial interrogation need not be insisted upon.”

The High Court, while maintaining the interim protection granted by the trial court, mandated Das to report to the concerned police station on August 19 and 24 between 10 am and 2 pm. Additionally, he must be available to the investigating agency as required. The court decreed that Das should not face arrest until the subsequent hearing on August 31.

Details of the Allegations and Legal Proceedings

The case against Das originated from a First Information Report (FIR) filed at the Trombay Police Station, following a complaint by the TISS Registrar. The complaint detailed an October 12, 2025, incident where nine students convened to honor the late Delhi University professor GN Saibaba, during which slogans demanding the release of Umar Khalid and Sharjeel Imam were allegedly voiced.

Senior Advocate Mihir Desai, representing Das, argued that his client had shown full cooperation with the investigation and had no prior criminal record. Desai contended that mere participation in a commemorative event or using phrases like “Rest in Power” should not be criminalized. He highlighted that seven of the nine accused students had already been granted anticipatory bail by the sessions court.

Desai further argued, “What happens is sometimes at that age – Gen Z tend to be a little hot-headed and say things that they may or may not understand. Whether they should be jailed for that?” He emphasized that Das had completed his studies and was employed elsewhere, underscoring that this was not a case of repeated offenses.

Prosecution’s Standpoint

Chief Public Prosecutor Shishir Hiray opposed the plea, alleging a deeper conspiracy aimed at national secession. He claimed forensic evidence unveiled deleted apps and electronic books promoting ideologies linked to Khalistan and the banned Communist Party of India (Maoist). Hiray stressed that some of the literature discovered on Das’s devices advocated for power “through bullets, not votes.”

Hiray argued, “The nature of those materials found instigating and aiding the illegal activities including the division of the country. This is the biggest sin that can be committed in this particular country.” He also alleged that Das had threatened a police officer, arguing against any form of interim protection.