Mumbai: The Mumbai Crime Branch on Thursday arrested a former student of the Tata Institute of Social Sciences (TISS), hours after a sessions court rejected his anticipatory bail application in connection with a case registered over a memorial gathering held for former Delhi University professor G.N. Saibaba.
The accused, identified as Abhirup Paul (32), was arrested by Crime Branch Unit 6 from Chembur, a senior police officer confirmed. He was produced before a magistrate's court on August 8. Although the police sought 10 days of custody, the court initially granted limited custody. Paul has now been remanded in police custody till August 10.
Court Rejects Bail For Two, Grants Relief To Seven
The arrest came shortly after Sessions Judge V.B. Bohra rejected the anticipatory bail applications of Paul and another former TISS student, Kamakhya Prasad Das (23), while granting relief to seven other accused in the case.
The case relates to a memorial gathering held at the TISS Mumbai campus in October last year to pay tribute to Saibaba. According to the defence, only nine students attended the peaceful gathering, where candles were lit and poems written by Saibaba were recited. Some participants also carried placards bearing the message, “Rest in Power (1967–Forever)”.
While rejecting the anticipatory bail pleas, the sessions court observed that paying homage to Saibaba by itself could not be considered an illegal act. However, the prosecution alleged that Paul and Das also raised slogans demanding the release of student activists Umar Khalid and Sharjeel Imam, who are facing prolonged incarceration in connection with the Delhi riots case.
Court's Observations
The court's order noted that several of the acts attributed to the accused, considered individually, did not amount to offences. However, while refusing anticipatory bail to the two former students, the court observed that, being students, they were expected to “respect the Law of Land.”
Defence Arguments
Defence lawyer Vijay Hiremath argued that the gathering was merely a memorial event and that seeking the release of jailed activists could not, by itself, be treated as a criminal act. He also pointed to public discussions involving retired Supreme Court judges on prolonged incarceration and the right to a speedy trial under Article 21 of the Constitution.
The defence further argued that Saibaba had ultimately been acquitted by the Nagpur Bench of the Bombay High Court in March 2024 after spending years in custody, and that the students' reference to the lengthy legal proceedings could not be treated as an offence.
G.N. Saibaba, who had more than 90 per cent disability, was a former English professor at Delhi University. He was arrested in a case alleging links with the banned CPI (Maoist) and was subsequently convicted before being acquitted by the Bombay High Court in March 2024. Saibaba died on October 12, 2024, while undergoing treatment at a hospital in Hyderabad.
In the TISS case, the prosecution has alleged that Paul and Das downloaded books purportedly authored by members of the banned CPI (Maoist). The defence, however, argued that the books in question were not themselves banned publications and that students could read literature from different ideological perspectives as part of their academic engagement.
The defence had also highlighted the prolonged period Saibaba spent in custody before his acquittal. The sessions court, however, observed that the accused were questioning or blaming the criminal justice process.
The court referred to factors such as the high pendency of cases and the judge-population ratio while explaining delays in criminal trials. Interestingly, the judge also noted that his own court had been unable to dispose of the anticipatory bail application within the Supreme Court's prescribed timeframe because of the heavy pendency of cases.
The issue of prolonged judicial pendency has repeatedly been highlighted by the Supreme Court and the Law Commission of India. The investigation into the TISS case is underway, while police are examining the alleged role and activities of the accused during the memorial gathering.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in
