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Justice N. J. Jamadar of the Bombay High Court has confirmed anticipatory bail granted to Urvashi Chudawal who was booked for allegedly raising a slogan in support of Jawaharlal Nehru University (JNU) student Sharjeel Imam at an LGBTQ rally held in Mumbai last year.

Urvashi, a student at Tata Institute of Social Sciences, (TISS) Mumbai is a transgender rights activist who had applied for an anticipatory bail at the Court. Allegedly, in the said rally, a slogan was raised - "Sharjeel tere sapno ko, hum manzil tak pahunchaenge," for which around 50 people (including the petitioner) were booked on sedition charges by the state police.

Imam, a PhD student at the Delhi-based Jawaharlal Nehru University’s Centre for Historical Studies, was arrested on January 28, 2020 after he was booked in sedition cases lodged across several states for alleged “inflammatory” speeches made during protests against the Citizenship Amendment Act.

In an order dated February 11, 2020, while granting interim relief, the Bombay High Court recorded elaborate reasons, namely:

“It appears; the applicant raised the slogans as reproduced hereinabove to exhibit her solidarity with the persons who had been exercising their fundamental right to dissent. It is therefore to be stated that, merely showing solidarity with a person or a group of persons, who are exercising their opposition to the CAA and National Register of Citizens, prima-facie, may not be sufficient to believe that the applicant had in fact caused and/or attempted to cause disaffection against the government established by law either by prior enmity between different religious groups or otherwise to create disharmony. More so, slogans shouted, prima-facie cannot be perceived as threat to the integrity of the Nation.”

In the interim order the Court had further noted that Urvashi is 22 years of age and Urvashi’s education is in progress. Arrest has far-reaching consequences, as the same may spoil the career of the student forever.

The Bombay High Court while confirming the anticipatory bail referred to the above observation that the custodial interrogation of Urvashi does not seem warranted for investigation.

Cause Title: Urvashi Chudawala vs. State of Maharashtra