Mumbai: Holding that participation in a programme paying homage to the late Delhi University professor G N Saibaba, who was acquitted in a UAPA case, or downloading books published by Maoist writers alone would not amount to a criminal offence, a sessions court on Friday granted anticipatory bail to seven TISS students in a case stemming from an unauthorised campus event last year.It, however, rejected the applications of two other students—Abhirup Paul (32) and Kamakhya Das (23)—after police claimed to have found material suggesting Maoist ideological influence, deleted data, non-cooperation and the need for custodial interrogation.The nine had moved court on Oct 15, 2025, after an FIR was lodged over an unauthorised campus event held three days prior to commemorate the first death anniversary of Saibaba, who had spent nearly a decade in a jail in Nagpur after being accused of links with Maoists. The decision on their pleas was delayed as the case was transferred to the crime branch and the presiding judge’s transfer necessitated a rehearing.Acknowledging that Saibaba was ultimately acquitted of all charges in March 2024 before his death that year, additional sessions judge V B Bohra said paying homage to him cannot be termed illegal. But, the court said the students’ purported conduct was “not limited to paying him homage” because slogans were allegedly raised seeking the release of former student activists Umar Khalid and Sharjeel Imam, who are facing trial under UAPA. “It was not the platform for raising such slogans. Being students, it was expected from the accused persons to respect the law of the land.” The students denied raising such slogans.The court denied relief to Paul and Das based on the prosecution’s claim that their electronic devices allegedly contained books published by members of Communist Party of India (Maoist), that some material had been deleted, and it allegedly aided illegal activity, including “division of the country”. It noted that a prosecution witness was also reportedly threatened.The court noted the prosecution’s claim that Paul, a member of Progressive Students Forum, was involved in actions against the college administration, including allegedly pressuring the informant by spreading false information on social media.“No doubt, merely downloading books published by the Maoist organisation would not amount to an offence. However… [Paul] not only downloaded the books but even attended several places as field work. Further, the books, though not banned by govt, are reportedly instigating or aiding the division of India,” the judge said.The court said Paul’s custodial interrogation was necessary to ascertain his intention in downloading the books, along with his intention in allegedly raising slogans seeking the release of former student activists Umar Khalid and Sharjeel Imam, who have been denied bail by Supreme Court in a UAPA case. “His custodial interrogation is also necessary to ascertain any link with the banned organisation acting against the interest of India.”The court made similar observations in Das’s case. It noted that during pendency of his plea, he allegedly threatened Trombay police officer Tanaji Rode with “removal of his uniform” or removal from service on Oct 25, 2025.All nine TISS students had moved court through advocate Vijay Hiremath.The prosecution, led by special public prosecutor Shishir Hirey, opposed anticipatory bail on the grounds that they had not commemorated any other leader’s death anniversary, that Saibaba’s ideology and the case against him were relevant, and that books and materials allegedly found with the students indicated links with banned organisations. It was also alleged that some students had been at TISS for several years, had threatened witnesses, used the phrase ‘Rest In Power’ on a poster and discussed opposition to nuclear power, and that custodial interrogation was needed to find out who was “behind” them.“Generally, while paying homage to a deceased person, ‘Rest in Peace’ is mentioned or said or written. However, the accused have allegedly used the words ‘Rest in Power (1967- Forever)’,” the court said. It said although the accused have not committed a criminal offence by doing so, such phrasing on the institute’s premises without the administration’s permission, along with the material found with Paul, raises doubts over their conduct.The court noted that the FIR was lodged based on a complaint by the TISS administration.In the case of the seven students who were granted relief—Uttkarsh Khuntia (21), Yash Kaundilya (30), Avantika (23), Ishpreet Kaur (21), Hardika Bhagat (21), Satyam Yadav (21) and Nikita Dsouza (24)—the court found that the allegations were largely confined to their presence, participation, slogan raising or reading poems, and that no incriminating material appeared to have been recovered from them. In Yadav’s case, the court said he had only participated in the alleged programme and read a poem written by Saibaba and, therefore, his custodial interrogation was not necessary.” Similar findings were recorded for others.The charges against them included provisions of BNS relating to unlawful assembly, wanton provocation, acts prejudicial to national integration, disobedience of a public servant’s order and criminal conspiracy, along with provisions of Maharashtra Police Act.
