New Delhi, Aug 10: Rajya Sabha MP Kapil Sibal on Monday said it was a shame that two ex-TISS students were denied anticipatory bail by a court and claimed that it showed the government’s intolerance as well as the state of the judiciary.
A court in Mumbai on Friday denied anticipatory bail to two former students of the Tata Institute of Social Sciences (TISS) who are facing criminal cases for holding an unauthorised campus gathering to pay homage to former Delhi University professor G N Saibaba, and raising slogans seeking release of undertrial prisoners Umar Khalid and Sharjeel Imam.
Additional Sessions Judge V B Bohra granted pre-arrest bail to seven other students.
In a post on X, Sibal said, “Ex-TISS Students. Shame that they were: denied anticipatory bail. Allegedly: Raised slogans seeking release of Umar Khalid & Sharjeel Imam (In jail since 2020).”
“What does this tell you about: 1) Government’s level of intolerance; 2) The police; 3) State of the judiciary?” the Independent Rajya Sabha MP said.
The court stated that while paying homage to Saibaba, who was acquitted by the Bombay High Court in a Naxalism-related case before his death, was not illegal, shouting slogans in support of undertrials booked in a UAPA case in an educational institute “raises doubts” about the conduct of the accused — Kamakhya Das (23) and Abhirup Paul (32).
It also noted that generally, while paying homage to deceased persons, phrases such as “Rest in Peace” are used. But the accused students allegedly used the words “Rest in Power (1967- Forever)”.
The act, coupled with the material found with them, “certainly raises doubt about their conduct”, the judge remarked in separate orders denying relief to the two former TISS students.
The court granted anticipatory bail to seven other students — Uttkarsh Khuntia, Yash Kaundilya, Avantika, Ishpreet Kaur, Nikita Monica D’Souza, Hardika Bhagat and Satyam Yadav.
Their custodial interrogation was not required as they had cooperated with the investigation, the court said.
The alleged incident occurred on October 12, 2025, when a group of 10 to 12 students gathered in front of the hostel at TISS without prior permission from the administration.
According to police, the students paid homage to Saibaba on his death anniversary by arranging his photographs, lighting candles, reading his poems and displaying the message “Rest in Power (since 1967- forever)”, the police said.
The group also raised slogans demanding the release of Khalid and Imam, who are currently in jail under the Unlawful Activities (Prevention) Act (UAPA).
The complaint was initially lodged by an associate dean of TISS at the Trombay police station, and the probe was later transferred to the Crime Investigation Department (CID).
While denying pre-arrest bail to Das and Paul, the court noted that downloaded books published by members of the banned Communist Party of India (Maoist) were found on electronic gadgets such as laptops and mobile phones seized from their possession.
Mere downloading of such books would not amount to an offence, the court said.
But the investigation revealed that Paul, a member of the Progressive Students Forum, had visited several places for “field work” as indicated by his WhatsApp chats, and allegedly tried to change the mindset of other students to implement the Maoist ideology, the court said.
The books, though not banned by the government, reportedly instigated division of India, the court said.
Das and Paul allegedly deleted certain information from their devices, and Das also allegedly threatened a police officer that he would be removed from service, the court said.
Thus, their custodial interrogation was necessary to ascertain their intention in downloading the books and raising the slogans, the court said. (PTI)
