TODAY, THE SUPREME COURT granted interim bail to Ashoka University professor Ali Khan Mahmudabad, who had remained in judicial custody. On May 12, the Haryana State Commission for Women had issued a notice to the professor over a Facebook post on Operation Sindoor. On May 18, Mahmudabad was arrested by Haryana police.
Today, the Court restrained Mahmudabad from expressing any opinion in relation to the terrorist attack on Indian soil or the counter-response given by our armed forces.
A two-judge Bench comprising Justices Surya Kant and Nongmeikapam Kotiswar Singh, however, questioned the timing of his Facebook post.
The Bench also observed that some of the words used by Mahmudabad in his post indicated "double meaning". Speaking further, Justice Kant said such words amounted to "dog-whistling".
The Bench directed the Director General of Police (DGP), Haryana, to constitute a Special Investigation Team (SIT) comprising three directly recruited IPS Officers, who do not belong to Haryana or Delhi, in order to understand holistically the "complexity of the phraseology employed and for proper appreciation of some of the expressions used in these two online posts".
The Bench also said no case for staying the investigation was made out.
Expressing displeasure at the choice of words used by the professor, Justice Kant observed: “The country has faced a big challenge, and civilians were under attack. At this time, why are they trying to gain popularity?”
During the hearing, the Bench also referred to some media reports regarding protests by students and academics condemning the arrest.
"Today only we read in the paper that students and professors - if they dare to do anything, we will pass an order. It is not acceptable to us that some so-called private universities open and all kinds of elements join hands there, and they start making irresponsible statements. We know how to deal with these people; they are not outside our jurisdiction", Justice Kant said.
