NEW DELHI, Aug 10: Rajya Sabha MP Kapil Sibal on Monday criticised the denial of anticipatory bail to two former Tata Institute of Social Sciences (TISS) students, saying the development raised questions about the government’s tolerance, police action and the state of the judiciary.
A Mumbai court on Friday rejected pre-arrest bail pleas filed by Kamakhya Das, 23, and Abhirup Paul, 32, who are facing criminal proceedings over an unauthorised campus gathering held to pay homage to former Delhi University professor G N Saibaba.
Seven other former students were granted anticipatory bail by Additional Sessions Judge V B Bohra.
Reacting to the ruling in a post on X, Sibal said it was unfortunate that the two students had been denied anticipatory bail over allegations that they raised slogans demanding the release of Umar Khalid and Sharjeel Imam, both of whom have been in jail since 2020.
The Independent Rajya Sabha MP questioned what the decision indicated about the government’s level of intolerance, the conduct of the police and the condition of the judiciary.
Court cites circumstances surrounding campus gathering
The court observed that paying homage to Saibaba, who was acquitted by the Bombay High Court in a case related to alleged Maoist links before his death, was not itself unlawful.
However, the judge said the alleged slogans supporting undertrials facing cases under the Unlawful Activities (Prevention) Act (UAPA), when raised at an educational institution, warranted scrutiny.
The court also referred to the phrase “Rest in Power (1967-Forever)” allegedly displayed during the tribute programme. It noted that expressions such as “Rest in Peace” are generally used while commemorating deceased persons.
According to the police, the incident took place on October 12, 2025, when around 10 to 12 students assembled outside a hostel at TISS without obtaining prior permission from the administration.
The gathering allegedly included photographs of Saibaba, candles, readings of his poems and slogans seeking the release of Khalid and Imam.
Court points to material recovered from devices
While considering the bail pleas, the court referred to electronic devices seized from Das and Paul, saying books published by members of the banned Communist Party of India (Maoist) were found on their laptops and mobile phones.
The judge clarified that merely downloading such books did not constitute an offence. However, the court said the investigation had raised questions about the purpose behind the material and the activities of the accused.
The court referred to WhatsApp conversations that allegedly indicated Paul had travelled to various locations for field work. It also noted the prosecution’s allegation that he attempted to influence other students towards Maoist ideology.
The court further said that some information had allegedly been deleted from the electronic devices. Das was also accused of threatening a police officer.
Based on these circumstances, the court concluded that custodial interrogation was required to determine the intentions behind the alleged activities and the material recovered from the devices.
Seven students granted anticipatory bail
The court granted pre-arrest bail to seven other students — Uttkarsh Khuntia, Yash Kaundilya, Avantika, Ishpreet Kaur, Nikita Monica D’Souza, Hardika Bhagat and Satyam Yadav.
The judge noted that custodial interrogation was not necessary in their cases as they had cooperated with the investigation.
The complaint was initially filed by an associate dean of TISS at Trombay police station before the investigation was subsequently transferred to the Crime Investigation Department.
The case has since drawn political attention, with Sibal’s criticism putting the court’s bail decision and the broader handling of the case under renewed public scrutiny.