SC grants interim bail to Ashoka University professor for remarks on Operation Sindoor; takes strong exception to language

New Delhi [India], May 21 (ANI): The Supreme Court on Wednesday granted interim bail to Ali Khan Mahmudabad, associate professor and head of the Political Science Department at Ashoka University in Haryana, who was arrested over a social media post on Operation Sindoor.
A bench of Justices Surya Kant and N Kotiswar Singh refused to stay the two FIRs registered by Haryana Police against him, saying he has not made out any case for a stay on investigation. However, the bench released him on interim bail.
"We direct the petitioner to be released on interim bail subject to furnishing of bail bonds to the satisfaction of the CJM Sonepat," ordered the bench while imposing certain conditions on his release.
The apex court restrained the associate professor from making any further online posts or speeches on the issue. No article or online posts are to be made, nor will any speech be delivered on the subject matter of the case.
Further, he was retrained from making any comments on the terrorist attack on Indian soil or the counter-response given by India. The bench also asked him to surrender his passport.
It also ordered constitution of a Special Investigation Team (SIT) within 24 hours to probe the matter. The top court directed that the SIT will be comprised of senior IPS officers, who do not belong to Haryana or Delhi and one officer of the SIT should be a woman. The SIT should be headed by an Inspector General rank officer and the other two members must be of SP rank.
"Having regard to contents of two alleged offending online posts which led to 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 Inspector General of police and one of the members shall be a woman officer," the order stated.
During the hearing, the bench took strong exception to the language used by Mahmudabad in his posts.
Senior advocate Kapil Sibal, appearing for the associate professor, read out Mahmudabad's social media post, saying it was the highly patriotic comment.
"While he (associate professor) is giving an opinion on the effects of war on civilians, army personnel etc. now he is turned to politics," Justice Kant said while reading the comment where he commented on right-wing, victims of mob lynching, bulldozing etc.
Justice Kant said, "Ofcourse, everyone has the right to express... Is it time to talk about this communal...? The country has faced a big challenge, civilians were attacked and at that time... Why are they trying to gain cheap popularity on this occasion?"
"When the choice of words is deliberately to insult, humiliate or make some kind of discomfort to other party... We are sure that he is very educated... You could have conveyed in very simple language without hurting others, use terms which are simple, respectful," Justice Kant told Sibal.
As Sibal said Mahmudabad was saluting armed forces and not derogating them, Justice Kant said, "We don't know... I have a right to this, right to do that... Everybody talks about rights as if the whole country for the last 75 years was distributing rights."
The bench also asked ASG SV Raju, appearing for the Haryana government, to show the statement where Mahmudabad was insulting the women army officers.
"The entire projection is that he is anti-war, saying families of army people, civilians in border areas, etc., suffer. But some words have double meaning also," said the bench.
Mahmudabad approached the top court against his arrest over the social media post.
Mahmudabad was arrested from his residence in Delhi by Haryana Police on Sunday and remanded to two-day police custody following the registration of two separate cases. He was charged with, among other things, endangering India's sovereignty, unity and integrity for his comments on Operation Sindoor.
The Haryana Women's Commission had earlier termed Mahmudabad's social media comments as disparaging towards women officers in the Indian Armed Forces and said it also promoted communal disharmony. On May 13, Haryana Women Commission chief Renu Bhatia had dispatched the summons to the associate professor.
He clarified that his comments had been completely misunderstood.
Meanwhile, Ashoka University shared a statement on the interim bail of the associate professor in which they expressed relief with the apex court decision.
"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 statement said. (ANI)