SC extends interim bail to Ashoka University professor, says no impediment on right to speech

The Supreme Court on Wednesday extended the interim bail granted to Ashoka University associate professor Ali Khan Mahmudabad over his controversial remarks on Operation Sindoor.

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A Bench led by Justice Surya Kant, however, refused to modify its May 21 order restraining him from making any comments on terror attacks on India and country’s response to the same on social media or making any public statements or speeches on the issue.

“See, he can write and speak. No reservations. But not with regard to the subject matter of investigation… There is no impediment on his right to speech etc…Wait for some time and remind on the next date,” the Bench told senior counsel Kapil Sibal after he urged it to relax the interim bail conditions.

The Bench asked the Haryana Police not to enlarge the scope and ambit of the probe against the accused.

“We direct that the investigation of SIT shall be confined to the contents of the two FIRs subject matter of these proceedings. The investigation report, before it is filed before jurisdictional court, be produced before this court, it ordered.”

As Sibal expressed apprehension that the SIT might expand the probe and investigate other things as well, the Bench said, “Both FIRs are matter of record. What is the need for devices? Don't try to expand the scope. SIT is free to form opinions. Don't go left and right,” Justice Kant told the Haryana Additional Advocate General.

It also sought to know if the Haryana Government has responded to the National Human Rights Commission’s notice over registration of an FIR in the case.

The matter will be taken up on reopening of the court after summer vacation.

The Supreme Court had on May 21 granted interim bail to Mahmudabad and ordered an SIT probe led by an IGP-rank officer into his alleged comments on Operation Sindoor.

“Yes, everyone has the right to free speech and expression. Is it the time to talk about all of this. Country is already going through all this. Country is faced with all this. Monsters came and attacked our people. We have to be united. Why get cheap popularity on these occasions?” Justice Kant had asked, refusing to stay the probe against him.

Along with IAF Wing Commander Vyomika Singh, Col Qureshi has been the face of India’s press briefings on Operation Sindoor, as the two women officers flanked Foreign Secretary Vikram Misri in their interaction with the media.

The petitioner had allegedly described media briefings by Col Qureshi and Wing Commander Vyomika Singh as “optics”. “But optics must translate to reality on the ground, otherwise it's just hypocrisy,” he had allegedly said.

Two FIRs were lodged against him under stringent charges, including endangering sovereignty and integrity, for his social media posts over Operation Sindoor.