Courtroom Update

Bombay HC: No Anticipatory Bail for Ex-TISS Student Kamakhya Das

India·Briefly Analysis⏱️ 3 min read

Summary

  • A former TISS student, Kamakhya Das, has been booked for allegedly raising inflammatory slogans at an unauthorized campus event.
  • Das has denied any involvement in raising such slogans and has moved the Bombay High Court seeking anticipatory bail.
  • The case highlights the complexities of public events and free speech under Indian law, with potential implications for future public gatherings.

What Happened

Das has contended that no student present raised any such slogans.

A former Tata Institute of Social Sciences (TISS) student, Kamakhya Das, has been booked for allegedly raising inflammatory slogans at an unauthorized campus event. The event was held to commemorate the first death anniversary of late Delhi University professor GN Saibaba. According to the FIR, 10-12 students assembled near a hostel without permission and raised slogans, including those in support of UAPA-accused jailed activists Umar Khalid and Sharjeel Imam.

Das has denied any involvement in raising such slogans, claiming that no student present did so. He has moved the Bombay High Court seeking anticipatory bail, which was recently rejected by a Mumbai sessions court.

Legal Context

The case highlights the complexities of public events and free speech under Indian law. Even in commemorative contexts, raising inflammatory slogans can potentially lead to prosecution. Lawyers advising clients on such events should be aware of this risk. The Bombay High Court's consideration of Das' anticipatory bail application will likely focus on the merits of his claims and the reliability of the FIR.

The FIR was registered at Trombay police station and later transferred to the Crime Branch CID, indicating a thorough investigation into the allegations. The court's decision will have significant implications for public events and free speech in India.

Why It Matters

The Bombay High Court's ruling on Das' anticipatory bail application has far-reaching consequences for public events and free speech in India. The case raises important questions about the limits of permissible expression and the potential for prosecution under Indian law. As the court deliberates, lawyers advising clients on such events must consider the potential risks and implications of raising inflammatory slogans.

The outcome will have significant implications for future public events, including those commemorating individuals like GN Saibaba. It is essential to balance the right to free speech with the need to maintain public order and safety.

Practical Implications

Lawyers advising clients on public events and free speech should note the potential for prosecution under Indian law for raising inflammatory slogans, even in a commemorative context.

Source

Source: Original reporting via The Hindu

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