Bombay HC grants relief to ex-TISS student booked for raising slogans supporting Umar Khalid, Sharjeel Imam

The Bombay High Court on Friday granted interim protection from arrest to a former Tata Institute of Social Sciences (TISS) student accused of allegations that he raised inflammatory slogans including slogans supporting jailed activists Sharjeel Imam and Umar Khalid at an unauthorised campus event. [Kamakhya Das v. State of Maharashtra & Ors.].

Justice Prafulla Khubalkar noted that the electronic devices belonging the accused Kamakhya Das were already seized and custodial interrogation would not be necessary at this stage.

Hence, the judge granted bail to Das while asking him cooperate with the ongoing investigation.

"Considering the nature of the allegations and the fact that the mobile phone and laptop of the applicant are already seized, at this stage, custodial interrogation need not be insisted upon. Hence, the interim protection granted by the trial court needs to be continued further, subject to certain conditions," the judge held.

Das was directed to attend the concerned police station on August 19 and 24 between 10 am to 2 pm. In addition to this, he was also ordered to be present before the investigating agency as and when called upon by them.

Subject to these conditions, the High Court ordered that Das shall not be arrested till the next date of hearing of the matter on August 31.

The former Tata Institute of Social Sciences (TISS) student sought anticipatory bail in a case involving allegations that he raised inflammatory slogans in campus.

The case stemmed from an FIR registered at the Trombay Police Station following a complaint by the TISS Registrar.

It was alleged that on October 12, 2025, nine students gathered on campus to pay homage to Delhi University professor late GN Saibaba.

The prosecution alleged that the gathering involved lighting candles, reading revolutionary poetry and raising slogans demanding the release of UAPA-accused jailed activists Umar Khalid and Sharjeel Imam.

Das moved the High Court after a Mumbai sessions court rejected his plea.

During the hearing on August 14, Senior Advocate Mihir Desai, appearing for Das, argued that his client had fully cooperated with the investigating authorities. He submitted that Das had no prior criminal antecedents.

Desai also emphasised that merely attending a commemoration or using phrases like "Rest in Power" does not constitute a criminal offence.

He added that out of nine accused students, seven had already been granted anticipatory bail by the sessions court.

"What happens is sometimes at that age - Gen Z tend to be a little hot headed and say things that they may or may not understand. Whether they should be jailed for that?" the senior lawyer said.

He argued that Das had finished his studies and had taken up job elsewhere.

"It is not a case of someone historically repeatedly doing something," Desai argued.

Desai also asserted that Das already appeared five times before the investigating agency.

Chief Public Prosecutor Shishir Hiray opposed the plea contending the investigation revealed much deeper conspiracy involving secession of the nation.

He alleged that forensic examination revealed deleted apps and electronic books advocating secession, Khalistan and the ideology of the banned CPI (Maoist).

He pointed out that the sessions court had noted the downloaded books allegedly published by members of the CPI (Maoist) on Das' electronic devices.

This literature advocated power "through bullets, not votes", Hiray said.

"The nature of those material found instigating and aiding the illegal activities including the division of the country. This is the biggest sin that can be committed in this particular country. One may have a dispute about the system but that cannot mean that we can advocate the cessation of the nation," Hiray argued.

He further alleged that the accused had threatened a police officer during the investigation.

"When investigation starts in these sorts of matters where 120B is applicable, where a larger conspiracy has to be unearthed, it is always a tip of the iceberg that is what is coming through the FIR. But much more lies below that," Hiray said.

He opposed the grant of any interim protection.

The Court after considering the arguments gave temporary relief to Das.

The matter will be considered next on August 31.