Introduction
A Mumbai court has decided to grant bail to Abhirup Ashim Paul, a student from Tata Institute of Social Sciences (TISS), who faced arrest for allegedly expressing support for jailed activists Umar Khalid and Sharjeel Imam through slogans.
Court’s Observations
In the case of Abhirup Paul v. State of Maharashtra & Ors., Additional Chief Judicial Magistrate Dattatray Shankarrao Khedekar acknowledged that Paul had already been subjected to a significant period of custodial interrogation. Importantly, the court found no evidence linking Paul to any Maoist or other prohibited organizations.
Judge Khedekar emphasized that mere suspicion does not equate to evidence, stating, “Prima facie except suspicion, there is no material to link the activities of the accused with the mindset of a Maoist or against the nation or associating with banned organizations against India.”
Context of the Case
The case originated from a first information report (FIR) based on a complaint by the TISS Registrar regarding an unauthorized campus event. This event took place on October 12, 2025, where students gathered to mark the death anniversary of the late professor GN Saibaba. During this event, slogans were reportedly raised, demanding the release of Khalid and Imam, who are imprisoned under charges related to the Unlawful Activities (Prevention) Act (UAPA).
Legal Proceedings
Following the rejection of his anticipatory bail plea by the sessions court, Paul was arrested on August 7. The police alleged that his actions could pose a national threat and foster community hatred. However, these allegations were dismissed by the Magistrate due to lack of incriminating evidence.
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Judge Khedekar clarified, “Prima facie there is no incriminating material on record to justify involvement of the accused (Paul) against the nation.” He further ruled that participating in the commemoration event and raising slogans did not constitute a criminal offense.
Conclusion and Bail Conditions
The court highlighted the absence of evidence showing Paul’s use of social media to engage with or benefit from a banned network. Moreover, the ruling took into consideration the Bombay High Court’s order providing similar protection to a co-accused, Kamakhya Das.
Paul has been granted release on a personal bond along with provisional cash security of ₹1,00,000. The court’s decision underscores the necessity for substantiated evidence before accusations of national threat can be upheld against individuals.
