Daijiworld Media Network - Mumbai

Mumbai, Aug 8: A Mumbai Sessions Court has rejected the anticipatory bail pleas of two students of the Tata Institute of Social Sciences (TISS) who were accused of raising slogans demanding the release of Umar Khalid and Sharjeel Imam during a gathering on the institute's campus last year. The court, however, granted anticipatory bail to seven other students accused in the case.

The two students whose pleas were rejected are a 32-year-old resident of Govandi and a 23-year-old resident of Deonar. Judge VB Bohra observed that the accused, being students, were expected to “respect the law of the land”.

The case relates to a gathering held at TISS on October 12, 2025, to pay homage to G N Saibaba, who died in October 2024. According to the FIR, around 10 to 12 students had gathered near a hostel between 7.30 pm and 8.30 pm without prior permission from the institute administration.

Police alleged that slogans including “Umar Khalid ko riha karo” and “Sharjeel Imam ko riha karo” were raised during the gathering. The FIR initially named nine people and others, while the investigation was subsequently transferred from Trombay police to the Crime Investigation Department (CID).

According to the prosecution, the students arranged photographs of Saibaba, placed them on a tree, lit candles, recited poems written by him and displayed placards carrying the words “Rest in Power (since 1967-forever)”.

The prosecution argued that the gathering went beyond merely paying homage to Saibaba, with students allegedly raising slogans seeking the release of Khalid and Imam, who are facing proceedings under the Unlawful Activities (Prevention) Act (UAPA).

The court observed that paying homage to Saibaba could not by itself be considered illegal, particularly since he had been acquitted by the Bombay High Court in 2024. However, the judge said the alleged activities appeared to have gone beyond paying tribute to him.

“It was not the platform for raising such slogans,” the court observed, noting that the slogans were allegedly raised during a campus gathering rather than at a public agitation or procession.

During the investigation, police seized electronic devices, including laptops and mobile phones, from the accused. The prosecution claimed that books and other material published by members of the Communist Party of India (Maoist) were found on devices belonging to one of the students whose bail plea was rejected and another co-accused. Investigators also alleged that some information had been deleted from the devices.

The judge observed that the material allegedly recovered during the investigation indicated that the accused may have been influenced by Maoist ideology and said the gathering could have been part of an attempt to influence other students at the institute.

At the same time, the court made a distinction between possession of such material and an offence, observing that merely downloading Maoist publications may not by itself constitute a crime. However, it said the material needed to be examined in the context of the other allegations.

The court said custodial interrogation of the two students was necessary to determine their intentions, particularly in view of the alleged slogans and the material recovered during the investigation. The judge also noted allegations that the accused had not fully cooperated with investigators on certain aspects of the probe.

The court referred to the alleged association of the Govandi student with the Progressive Student Forum, which the prosecution claimed had been working against the institute administration. The prosecution also alleged that pressure had been exerted on the complainant through social media and that one witness had been threatened.

The court took note of a separate non-cognisable case allegedly registered against the Deonar student in connection with an incident in which she was accused of threatening a police officer in 2025.

According to the court, the Govandi student had allegedly not only downloaded Maoist literature but had also visited several locations as part of fieldwork. The judge said custodial interrogation was necessary to ascertain the purpose behind downloading the material and whether it had any connection with the alleged slogans raised at TISS.

The court also considered arguments concerning the delay in the criminal proceedings. The judge said criminal trials must follow established procedures and noted that delays can occur due to several factors, including the heavy pendency of cases and the imbalance between the number of judges and the volume of cases.

The judge pointed out that he himself was passing orders on the students' anticipatory bail applications more than nine months after they were filed.

The court further observed that displaying the words “Rest in Power” on campus without permission did not, by itself, amount to a crime. However, it said the circumstances surrounding the gathering, the alleged slogans and the material recovered during the investigation raised questions about the intentions of the accused.

The two students will therefore not receive protection from arrest through anticipatory bail, while seven other accused students have been granted relief. Further investigation into the case is underway.