‘Not a Maoist, just a tribal student’: Who is the protester in the viral India Gate photo?

After Delhi Police cracked down on student protesters at India Gate on Sunday evening, one photograph was widely circulated online: of a young man pinned face-down to the road, a police officer’s hand pressing his head into the asphalt. 

Some claimed it captured the shrinking space for dissent, some alleged the student was a Maoist sympathiser, and a few even used faulty AI fact-checks to insist it was an old photograph.

Shot by PTI, the image showed 24-year-old Akshay E R, a third-year LLB student at Delhi University. 

Even as his image went viral, Delhi Police announced they had arrested 23 people, including Akshay, for allegedly shouting pro-Maoist slogans, jumping barricades, using pepper spray on police personnel, obstructing traffic, and attacking officers. Two FIRs — one at Kartavya Path and another at Parliament Street — cited slogans invoking slain Maoist commander Madvi Hidma, “violent conduct”, and a sit-in outside a police station. In court, police argued they were probing possible “Naxal links”. 

Protesters, however, deny the pepper-spray allegation and say the Hidma slogans were raised by a smaller group among the demonstrators. The call for the protest was given by the Delhi Coordination Committee for Clean Air, which several student outfits are part of. After slogans were raised by members of the Bhagat Singh Chhatra Ekta Manch and Himkhand, the others tried to distance themselves.

The court on Monday granted judicial custody for a preliminary inquiry.

‘Told him not to go’

Akshay is from a Scheduled Tribe family in Kerala’s Thrissur. His father is a daily wage labourer; his mother is a homemaker. Friends describe him as soft-spoken, politically aware, and deeply concerned about environmental issues.

He moved to Delhi for his law degree and joined the Bhagat Singh Chhatra Ekta Manch (BSCEM) three months ago. He now shares a rented flat in Vijay Nagar with four other students.

Shaju*, one of his roommates, said Akshay had asked him to accompany him to the clean-air protest on Sunday. “I told him not to go, because the police had detained people at India Gate before,” he recalled. “But Akshay said clean air is everyone’s right, and if the government cannot address air pollution, people must speak up.”

By 8 pm, Shaju learned through friends and local reports that Akshay had been detained — and that the police were accusing students of shouting pro-Maoist slogans.

“He’s not a Maoist,” Shaju said. “He’s an ordinary student who knows his rights. He takes environmental issues seriously because of where he comes from.”

Varun, from the Bhagat Singh Chhatra Ekta Manch, said Akshay had participated in student protests for about a year. “He doesn’t belong to any Marxist or Maoist group,” Varun said. “He’s a conscious student, nothing more.”

Akshay’s family in Thrissur refused to comment.

What unfolded at India Gate

According to students who participated, including Divya*, an undergraduate student from Delhi University’s Daulat Ram College, protesters gathered under the banner of the Delhi Coordination Committee for Clean Air around 4 pm. Several student organisations joined, along with members of the public.

Within 25 minutes, some protesters crossed the fence towards C-Hexagon and shouted slogans on the road. Among them, a few raised slogans referring to Madvi Hidma — a top CPI (Maoist) commander. Police then began detaining people.

Six students were taken into custody. As word spread, Divya and others went to the Parliament Street police station and staged a sit-in outside. Around 7 pm, the police detained 17 more protesters, including 11 women.

Aditya, from Scientists for Society, said the protest’s agenda was limited to air pollution. “The Hidma slogans were never part of the programme,” he said. “When we heard them, we moved away.”

Shumaila*, a batchmate of Akshay, said, “On the day of the protest, around 6 pm, we saw a video statement from the protesters. They were saying that the police had detained Akshay and taken him to an unknown location. We immediately called Akshay, but his phone was switched off. Then, around 11 pm, my phone rang. I was overjoyed to see that the call was from Akshay...However, his voice was unclear.”

What the FIRs say

Delhi Police have registered two FIRs — one at Kartavya Path police station, another at Parliament Street.

The Kartavya Path FIR claims protesters jumped barricades, raised pro-Maoist slogans (including “Hidma amar rahe”), and used pepper spray against police personnel. The FIR has been registered under sections 74 (assault or criminal force to a woman with intent to outrage her modesty), 79 (word, gesture, or act intended to insult the modesty of a woman), 115(2) (voluntarily causing hurt), 132 (part of the section on contempt of the lawful authority of public servants), 221 (contempt of the lawful authority of public servants) and 223A (disobedience to a lawful order from a public servant), and 61(2) of the BNS. Eight individuals were charged.  

The Parliament Street FIR alleges that the sit-in outside the police station turned violent, injuring officers. It has been registered under sections 223A (disobedience to order duly promulgated by a public servant, with punishment depending on the severity of the consequences), 132 (assault or criminal force to deter public servant), 221 (obstructing public servant in discharge of public functions), 121(1), 115(2), 126(2), and 3(5) of the BNS.

The police also told the court they were probing “Naxal links”.

The allegations against Akshay 

According to the Kartavya Path FIR, Akshay used pepper spray on police officers. Every protester Newslaundry spoke to denied that anyone carried or used pepper spray.

Advocate Supantha Sinha, representing some students, said the manner in which Akshay was restrained could have been life-threatening. “Even after 24 hours, police had not given us a copy of the FIR,” he said. “The pepper-spray allegation remains unsupported. Akshay’s face showed injury marks when he was produced in court.”

He argued that the police’s method of restraint mirrored “the way George Floyd was held down”, referring to the “I can’t breathe” video that triggered massive protests in the US in 2020.

During the hearing, police sought custodial interrogation to investigate “pro-Maoist slogans” and possible “Maoist links”. The court observed that the allegations were serious and required preliminary inquiry.

Akshay was among the five who were sent to two-day judicial custody while the remaining 17 were sent to three-day judicial custody. These 22 are apart from one more individual who claimed to be a juvenile and is at a safehouse until the verification of age. 

*Some names have been changed on request.

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