SC grants interim bail to Ashoka varsity associate professor

The Supreme Court on Wednesday granted interim bail to Ashoka University associate professor Ali Khan Mahmudabad even as it ordered an SIT probe led by an IGP-rank officer into his alleged social media comments on Operation Sindoor.

"We direct the petitioner to be released on interim bail subject to furnishing of bail bonds to the satisfaction of the Chief Judicial Magistrate (CJM), Sonepat. There shall be only one set of bail bonds for both FIRs," a Bench Justice Surya Kant and Justice N Kotiswar Singh ordered.

The Bench refused to stay the probe against him, saying, “We are satisfied that no case for staying investigation is made out. However, to understand the complexity and for proper appreciation of the language used in his post, we direct the Haryana DGP to constitute an SIT within 24 hours comprising three IPS officers who do not belong to Haryana or Delhi. The SIT shall be headed by an Inspector General of Police (IGP) and one of the members shall be a woman officer."

The order came after senior counsel Kapil Sibal submitted on behalf of Mahmudabad that his wife was pregnant and he needed to look after her.

The Bench directed the accused to surrender his passport before the CJM, Sonepat and join the probe.

The court also restrained Mahmudabad from making any comments on terror attacks on India and India’s response to the same on social media or making any public statement or speeches on the issue.

As Additional Solicitor General SV Raju, representing the Haryana Police, said the police might need to interrogate him in custody, the Bench gave him liberty to approach it for modification of the interim bail order.

The Bench disapproved of his alleged comments. "Yes, everyone has the right to free speech and expression. Is it the time to talk about all of this. The country is already going through all this. The country is faced with all this. Monsters came and attacked our people. We have to be united. Why get cheap popularity on these occasions?" said Justice Kant.

Justice Kant said, "It’s very unfortunate for a society with free speech when choice of words is deliberately made to insult, humiliate and to cause discomfort to the other side. He should not have a lack of dictionary words to use. He can use language which does not hurt sentiments of others and use a neutral language."

The comments came after Sibal said there was no criminal intention on the part of Mahmudabad.

Justice Kant said, "You should know what is happening. There is a right to free speech etc... Where is the duty? As if the whole country for the last 75 years is only distributing rights and no duties. With your academic standards, Mr Sibal this is what is called dog whistling."

Arrested on May 18 for “endangering India’s sovereignty, unity and integrity” by his alleged comments on Operation Sindoor, Mahmudabad had on Monday moved the Supreme Court challenging his arrest.

The petitioner had allegedly described media briefings by Col Sofiya 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.