SC grants Ashoka University professor bail, but probe to continue
What's the story
The Supreme Court has granted interim bail to Ashoka University Professor Ali Khan Mahmudabad, who was arrested by the Haryana Police over his social media posts about 'Operation Sindoor.'
At the same time, the court directed the Haryana Director General of Police (DGP) to form a Special Investigation Team (SIT) within 24 hours to investigate and understand the true meaning of the post.
Bail conditions
Court's conditions for Mahmudabad's interim bail
The Supreme Court bench, comprising Justice Surya Kant and Justice NK Singh, granted Mahmudabad interim bail with certain conditions.
He is prohibited from making any posts or comments on the social media posts related to the case or on terrorist attacks and India's counter-responses.
The court also ordered him to fully cooperate with the ongoing investigation.
Public statements
Mahmudabad's comments and court's response
Senior Advocate Kapil Sibal defended Mahmudabad's comments on social media, calling them "a highly patriotic statement."
However, Justice Kant observed that while everyone has a right to free speech, the timing of such comments could be seen as communal.
"The country has faced a big challenge. Monsters came all the way and attacked our innocents. We were staying united. But at this juncture, why to gain cheap popularity on this occasion," Justice Kant said.
Sibal
'Professor cannot have the lack of dictionary words'
Sibal, still agreeing with Mahmudabad's comments, asked what the criminality in his comments was.
"Everybody talks about rights. As if the country for last 75 years was distributing rights! This is what we call in the law - dog whistling!"
"When the choice of words is deliberately made to insult, humiliate or cause discomfort...the learned professor cannot have the lack of dictionary words...he could convey the very same feelings in a simple language without hurting others," Justice Kant said.
Arrest details
Mahmudabad's arrest and charges explained
Mahmudabad was arrested on May 18 from his Delhi residence.
Two separate cases have been registered against him.
In the FB post, he criticized those advocating for war, saying, "The loss of civilian life is tragic on both sides and is the main reason why war should be avoided."
He also urged right-wing backers lauding Colonel Sofiya Qureshi, who chaired the media briefing on Operation Sindoor, to speak out for victims of mob lynchings and arbitrary property demolitions as well.
Political reaction
Mahmudabad's arrest sparks political controversy
"The optics of two women soldiers presenting their findings is importantly but optics must translate to reality on the ground otherwise it's just hypocrisy," he wrote.
His arrest has sparked a political row, with Congress President Mallikarjun Kharge slamming the BJP for being afraid of dissenting opinions.
Former Union Minister P Chidambaram also questioned which part of Mahmudabad's statement was objectionable to Haryana Police.
He was sent to police custody till May 27 on Tuesday by a court in Sonipat.