NEW DELHI: The Supreme Court has granted interim bail to Ashoka University professor Ali Khan Mahmudabad, arrested over alleged offensive online posts related to Operation Sindoor. The court in its order refused to stay the two First Information Reports (FIRs) registered by the Haryana Police against him in the matter.
The two-judge Bench of the top court, led by Justice Surya Kant and Justice N Kotiswar Singh, ordered the constitution of a Special Investigation Team (SIT) to probe the matter in place of the Haryana Police.
"The SIT will not have officers from Haryana or Delhi," Justice Kant said in the order.
Mahmudabad had moved the top court challenging his arrest. He, in his defence, clarified that his comments had been completely misunderstood.
The top court imposed certain conditions while directing the release of Mahmudabad on interim bail. The court also restrained him from posting any further commentary online regarding the conflict.
"No article or online posts should be made by Mahmudabad and he should not deliver any speech on the issues which are subject matter of this case. He is restrained from making any comments on the crisis recently faced by India, which is a terrorist attack on Indian soil or the counter response given by our nation," the court said and ordered him to surrender his passport.
The court also clarified that he should be enlarged on bail, subject to the furnishing of bail bonds to the satisfaction of the CJM Sonepat. There shall be only one set of bail bonds for both FIRs.
While upholding the right to freedom of expression, the court slammed Mahmudabad’s choice of words, describing them as "dog whistling" intended to humiliate and discomfort others. The court said his words could have dual meanings.
"Everybody has a right to express himself. But is it the time to talk of it this much communal...? The country has faced a big challenge and is still facing it. Some monsters have come all the way from other jurisdictions and attacked innocent people. Entire country is staying united. But at this juncture… Why make such statements? Just to gain cheap popularity on this occasion?" Justice Kant said.
In his social media post, Mahmudabad had criticised Pakistan-sponsored terrorism, and said that all the plaudits received by Colonel Sofiya Qureshi of the Indian Army, who had led India's press briefing, should reflect on the ground. He had also said that right-wing supporters in India should speak up against mob lynching.
"Having regard to the contents of the two alleged offending online posts which led to the FIR against the petitioner, we are satisfied that no case of staying the investigation is made out. However, to understand the complexity and for proper appreciation of the language used in the post, we direct DGP Haryana to constitute a SIT comprising of three IPS officers who do not belong to Haryana or Delhi. SIT shall be headed by the Inspector General of police, and one of the members shall be a woman officer," the order said.
During the hearing on Wednesday, Kapil Sibal, for Mahmudabad, argued that his social media post was a 'patriotic one.'
"The bona fide part can be subject matter of investigation. The entire protection is that he is anti war. He says reasons are that families will suffer along with civilians. He also speaks of countries that manufacture war equipment will benefit. Anyone who is conversant with such language can probe this because some words have dual meanings," the Bench opined.
Meanwhile, the National Human Rights Commission (NHRC) on Wednesday issued a notice to the Haryana Director General of Police over the arrest and remand of Mahmudabad, taking suo motu cognisance of media reports suggesting a possible violation of his human rights, PTI reported.
In a statement, the NHRC said it had come across a news report dated May 20 regarding his arrest. The commission said the report, which outlined the allegations against the professor, “prima facie discloses that the human rights and liberty of the said professor have been violated”.
Ali Khan Mahmudabad is an associate professor and head of the political science department at Ashoka University in Haryana. The university expressed relief and was heartened after the Supreme Court granted him interim bail.
“We are relieved and heartened by Prof Ali Khan Mahmudabad being granted interim bail by the Hon’ble Supreme Court. It has provided great comfort to his family and all of us at Ashoka University,” the university said in a statement.
The police arrested him on Sunday from his residence in Delhi. The prosecution charged him with endangering India’s sovereignty, unity and integrity for his alleged comments on Operation Sindoor.
The State Women's Commission had also criticised Mahmudabad's comments as disparaging toward women officers in the Indian Armed Forces and said it also promoted communal disharmony.
(With inputs from PTI)
