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.
Appearing for Mahmudabad, senior advocates Kapil Sibal and Siddharth Luthra took the Bench through the social media posts by Mahmudabad. Sibal submitted that nothing said in the posts disclosed any offence.
Sibal also informed the Bench that Mahmudabad’s wife is nine months pregnant.
Mahmudabad was arrested on May 18 after two FIRs were lodged against him under Bharatiya Nyaya Sanhita (BNS), including charges of endangering the sovereignty and integrity of India, for remarks made on social media about Operation Sindoor. He was sent to police custody for two days and later remanded to judicial custody till May 27.
The case against Mahmudabad was registered after the Haryana State Commission for Women made a complaint to the police alleging the posts by Mahmudabad to be inflammatory and disrespectful.
The order passed by the Bench today is somewhat similar to what it passed in the case of Madhya Pradesh minister Vijay Shah in connection with his remark against Colonel Sofiya Qureshi, who addressed media briefings on Operation Sindoor.
The Bench had constituted an SIT of three IPS officers in this case as well while ordering no arrest of Shah. However, the Bench had not asked him not to express any opinion on Operation Sindoor as it did in the case of Mahmudabad.
NHRC takes suo motu cognizance
Meanwhile, the National Human Rights Commission (NHRC), has taken suo motu cognisance of the arrest of Mahmudabad.
"The Commission has noted that the report, which contains a gist of the allegations on the basis of which he has been arrested, discloses, prima facie, that the human rights and liberty of the said Professor have been violated. Therefore, it has deemed it to be a fit case for taking suo motu cognizance of the reported incident", the NHRC statement says.
It has issued a notice to the Director General of Police, Haryana, calling for a detailed report in the matter within one week.