Mumbai : A Mumbai Sessions Court has rejected the anticipatory bail pleas of two students of the Tata Institute of Social Sciences (TISS). The court, however, granted anticipatory bail to seven other students 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. The order was passed by Judge VB Bohra, who observed that, being students, the accused were expected to “respect the law of the land”.
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. The police said 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, and the investigation was later transferred from Trombay police to the Crime Investigation Department (CID). The prosecution said that the gathering went beyond merely paying homage to Saibaba, with students also raising slogans demanding the release of Umar Khalid and Sharjeel Imam, both of whom are facing proceedings under the Unlawful Activities (Prevention) Act (UAPA).
The court noted that paying homage to Saibaba could not, by itself, be termed illegal, particularly since he had been acquitted by the Bombay High Court in 2024. However, the judge said the alleged activities at the gathering 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 gathering on campus rather than at a public agitation or procession. Investigators found books and other material published by members of the Communist Party of India (Maoist) stored on devices belonging to one of the students whose bail plea was rejected and another co-accused.
The court said the gathering could have been part of an attempt to influence other students at the institute. However, the judge also made an important distinction, observing that merely downloading Maoist publications may not, by itself, constitute an offence. The court said the material nevertheless had to be examined in the context of the other allegations against the students.
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