Kapil Sibal Criticises Denial of Pre-Arrest Bail to Former TISS Students by Mumbai Court
Rajya Sabha MP Kapil Sibal on Monday expressed strong criticism after a Mumbai court rejected the anticipatory bail applications of two former students from the Tata Institute of Social Sciences (TISS). Sibal stated that the decision reflects the government’s intolerance, the conduct of the police, and the prevailing state of the judiciary.
What Happened
On August 7, Additional Sessions Judge V.B. Bohra of a Mumbai court denied pre-arrest bail to two former TISS students, identified as Kamakhya Das (23) and Abhirup Paul (32). The two individuals, along with others, were booked following an unauthorised gathering outside a campus hostel on October 12, 2025.
During the event, a group of 10 to 12 students gathered without prior administrative permission to mark the death anniversary of former Delhi University professor G.N. Saibaba. According to police reports, participants arranged photographs, lit candles, read poems, and held a banner reading ‘Rest in Power [since 1967- forever]’. Slogans were also raised demanding the release of undertrial prisoners Umar Khalid and Sharjeel Imam, who have been held in jail under the Unlawful Activities (Prevention) Act (UAPA) since 2020.
While 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—on grounds of cooperation with investigators, relief was denied to Das and Paul.
Key Highlights
- Kapil Sibal’s Reaction: The Independent Rajya Sabha MP took to social media platform X, calling the denial of bail a shame and raising questions regarding the government’s tolerance, policing, and the judicial system.
- Court’s Observations on Homage: The sessions court noted that paying homage to Saibaba, who had been acquitted by the Bombay High Court in a Naxalism-related case prior to his death, was not in itself illegal. However, shouting slogans for UAPA undertrials inside an academic institution raised doubts regarding the conduct of the accused.
- Material Seized: Investigators recovered downloaded digital books published by members of the banned Communist Party of India (Maoist) from electronic devices belonging to Das and Paul.
- Custodial Interrogation Need: The court observed that while downloading such literature alone does not constitute an offence, WhatsApp records indicated Paul, associated with the Progressive Students Forum, undertook fieldwork allegedly aimed at influencing students toward Maoist ideology. The court also noted that data was deleted from devices and Das had allegedly threatened a police officer, making custodial interrogation necessary to determine their intent.
- Investigation Transfer: The initial complaint was registered by a TISS associate dean at the Trombay police station before the probe was handed over to the Crime Investigation Department (CID).
Why This Matters
The case highlights judicial parameters regarding political expression and gatherings within university premises. The court drew a distinction between paying tribute to an acquitted individual and raising slogans for undertrials facing UAPA charges, alongside possessing literature that investigators allege promotes divisive ideology.
What to Watch Next
Following the rejection of pre-arrest bail, the Crime Investigation Department (CID) may proceed with the custodial interrogation of Kamakhya Das and Abhirup Paul to investigate digital materials and alleged activities linked to the gathering.
Frequently Asked Questions
Why was anticipatory bail denied to the two former TISS students?
The Mumbai sessions court denied pre-arrest bail to Kamakhya Das and Abhirup Paul because investigators found seized literature published by members of a banned group, alleged efforts to influence students, deleted data from devices, and an alleged threat to an officer, justifying the need for custodial interrogation.
Why did seven other students receive anticipatory bail?
The court granted pre-arrest bail to seven other students after finding that they had cooperated with the ongoing investigation, meaning custodial interrogation was not required in their cases.
What was Kapil Sibal’s statement regarding the court order?
Rajya Sabha MP Kapil Sibal described the denial of bail as a shame and questioned what the development indicated regarding the government’s level of intolerance, police action, and the state of the judiciary.
Source: Based on reporting from The Hindu.