The Supreme Court on Wednesday granted interim bail to Ali Khan Mahmudabad, a political science professor at Ashoka University in Haryana, who was arrested by the state police for his controversial remarks on Operation Sindoor.
A bench comprising Justices Surya Kant and N.K. Singh directed the Haryana Director General of Police to form a Special Investigation Team (SIT) within 24 hours. The team is to include three senior IPS officers, with at least one being a woman, to probe the matter further.
While refusing to stay the ongoing investigation, the bench led by Justice Kant clarified that the interim bail was being granted to allow for a fair and continued investigation. “The country has faced a big challenge, and civilians were under attack. At this time, why are they trying to gain popularity?” Justice Kant questions. The apex court noted that the post that started with the horrors of war shifted towards political commentary.
As per the apex court’s order, Mahmudabad will be released on interim bail upon surrendering his passport, furnishing bail bonds to the satisfaction of the local court. Additionally, the Supreme Court restrained him from posting any further content online related to the present case and the recent India-Pakistan conflict
Mahmudabad, 42, was arrested following a complaint filed by Yogesh Jatheri, the General Secretary of the BJP Yuva Morcha in Haryana. On Tuesday, a court in Sonipat remanded him to 14 days of judicial custody.
During the hearing on Wednesday, the Supreme Court bench, comprising Justice Surya Kant and Justice NK Singh, pulled up the Ashoka University professor, saying his choice of words in his social media post were “used to humiliate, insult, and put others in discomfort.”
“Although everybody has right to freedom of expression, statements by Mahmudabad are what is called dog whistling in law,” the bench added.
An FIR was registered against him under various sections of the Bharatiya Nyaya Sanhita (BNS), including charges related to inciting armed rebellion or subversive activity, insulting religious beliefs, offences resembling sedition
The Haryana State Commission for Women, led by Chairperson Renu Bhatia, took suo motu cognisance of the remarks, alleging they were disparaging to women in the armed forces and promoted communal disharmony.
On Monday, senior advocate Kapil Sibal urgently mentioned the case before a bench led by Chief Justice B.R. Gavai, prompting the court to agree to hear Mahmudabad’s petition.
In his writ petition filed under Article 32 of the Constitution, Mahmudabad argued that his arrest was a violation of his constitutional right to freedom of expression. He sought immediate release and the quashing of charges, describing the arrest as “unconstitutional, unnecessary, and oppressive.”
