NEW DELHI: The Supreme Court on Wednesday granted interim bail to Ashoka University professor Ali Khan Mahmudabad, who was arrested by Haryana Police over a Facebook post commenting on ‘Operation Sindoor,’ India’s military response to the April 22 Pahalgam terror attack. The top court, however, refused to stay the First Information Reports (FIRs) registered against him and directed the formation of a Special Investigation Team (SIT) to probe the matter.
Mahmudabad, an associate professor and head of the Political Science department at Ashoka University, was arrested on May 18 after two FIRs were lodged against him under stringent sections of the Bharatiya Nyaya Sanhita (BNS), including charges related to endangering national integrity. The complaints stemmed from his social media remarks concerning “Operation Sindoor,” India’s retaliatory strikes against what it termed “terrorist infrastructure” in Pakistan following the deadly attack in Pahalgam that claimed 26 civilian lives.
During the hearing, a bench of Justices Surya Kant and N. Kotiswar Singh acknowledged Mahmudabad’s right to freedom of expression but also cautioned against the “dog whistling” nature of some of his words, implying they were intended to “insult, humiliate, and put others in discomfort.” The court, while granting bail, imposed strict conditions, barring Mahmudabad from making any further online posts or speeches related to the FIRs or the recent India-Pakistan conflict and Pahalgam terror attack. He has also been directed to surrender his passport and fully cooperate with the ongoing investigation.
The Supreme Court further ordered the Haryana Director General of Police (DGP) to constitute a three-member SIT, including a woman officer, from outside the state of Haryana, to investigate the nuances and true meaning of the language used in Mahmudabad’s posts. The formation of the SIT is to be completed within 24 hours.
Mahmudabad’s arrest had sparked a significant outcry from academics and political figures, who decried it as an assault on free speech. Ashoka University had earlier stated its cooperation with the police while expressing support for their faculty member. The professor, through his counsel, had argued that his remarks were “misunderstood” and fell within his fundamental right to free speech, aimed at promoting peace and applauding the Indian armed forces while criticizing those who preach hatred.
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