The atmosphere inside the Mumbai sessions court was heavy with tension this past Monday (19th January) as nine students from the prestigious Tata Institute of Social Sciences (TISS) faced a severe judicial dressing-down. Standing in a line at the rear of the courtroom, these young individuals found themselves at the center of a legal storm regarding an unauthorised event held to commemorate the first death anniversary of GN Saibaba, a former Delhi University professor known for his alleged ties to Maoist groups.

The presiding officer, Judge Manoj B Oza, did not mince words regarding the long-term consequences of their actions on their professional futures. Addressing the gravity of the situation, Judge Oza stated, “You have a criminal record. Now your record is with the police, not just here but everywhere in the country. You know that you have made a blunder so early in your career.”

The weight of his words seemed to hang in the air as he then emphasised, “Your career is ruined.”

The admonition came during the hearing of their anticipatory bail application. The Trombay police had previously filed a formal complaint against the group, sparking a legal process that has now put their futures in jeopardy. Judge Oza probed into the personal backgrounds of the students, highlighting how their academic choices and family situations intersected with this legal trouble. He asked, “How many of you are from outside Maharashtra? You came to study in Maharashtra for all this? Your fathers know about the case? How many of your fathers are in government jobs? You will not get government jobs because of the case.”

The judge’s warning extended beyond just the public sector. He highlighted that the stain of a criminal record is difficult to erase, noting that the students would have to reveal the ongoing criminal case against them even if they started working for a private company. This disclosure requirement effectively creates a barrier to entry in almost any formal employment sector.

The court then turned its attention to the students’ legal counsel, questioning the nature of their academic pursuits. Upon learning that the accused were enrolled in a Master of Social Work program, the judge offered a stinging reality check regarding the job market. He remarked that their degrees would not help them find work, especially with a police case hanging over their heads. He expressed, “You think you are scientists or engineers? Even engineers don’t have jobs.”

Procedurally, the case has seen some delays. The special public prosecutor had brought up the matter of the absence of the students from court during the court proceedings on 23rd December. However, their lawyer reassured the court that they would be present for the next hearing, a promise they kept on Monday. Consequently, the court has postponed the matter until later this month to consider arguments regarding their petitions for anticipatory bail. Additionally, the interim protection from arrest which was granted previously was extended to 5th February.

The origins of this legal battle trace back to an internal administrative conflict. An associate dean of the institute submitted a complaint which prompted the Trombay police to register a First Information Report (FIR). It relates to the event marking Saibaba’s first death anniversary that took place on the TISS campus in Deonar on 12th October. The complaint charged that the students had staged an illegal gathering and chanted slogans in favour of anti-Hindu Delhi riots along with Unlawful Activities Prevention Act (UAPA) accused Sharjeel Imam and Umar Khalid.

Matters escalated when the investigation was transferred to the Mumbai Crime Branch. Charges of criminal conspiracy were added by the Mumbai Crime Branch which took over the investigation pointing out that the assembly was planned at the request of outside parties.

The legal pressure on the students has been immense since the anticipatory bail applications were presented in the same month. As part of the evidence gathering, the electronic gadgets of students, including their computers and cell phones, were confiscated as part of the inquiry. The chargesheet is extensive; they were booked under Bharatiya Nyaya Sanhita (BNS) sections pertaining to unlawful assembly, rioting, inciting animosity between groups, accusations or statements detrimental to national integration and disobedience to an order validly issued by a public servant. Additionally, the Maharashtra Police Act was invoked against them.

To understand the controversy, one must look at the figure at the center of the memorial: GN Saibaba. In 2017, a Gadchiroli sessions court convicted late Delhi University professor Gokarakonda Naga Saibaba alias GN Saibaba to life in prison for waging war against India due to his Maoist affiliations and participation in anti-national actions. His legal journey was tumultuous. However, the Bombay High Court acquitted him in 2022 due to the prosecution’s procedural errors rather than the case’s merits. However, the Supreme Court suspended the verdict. He was again re-acquitted by the Bombay High Court on 5th March 2024. The 57-year-old passed away on 12th October 2024, leaving behind a polarized legacy that continues to spark debate—and now, legal action—even after his death.