Professor Arrested for Social Media Posts Gets Bail, Supreme Court Orders Probe
Professor Gets Bail, Supreme Court Orders Probe Over Social Media Posts
The Supreme Court has granted interim bail to Professor Ali Khan Mahmudabad, who was arrested by Haryana Police for his social media posts about ‘Operation Sindoor’.
Mahmudabad, a professor at Ashoka University, was arrested on May 18th and had been in custody since then. The Supreme Court, however, refused to stay the investigation, but directed the Haryana DGP to form a Special Investigation Team (SIT) within 24 hours to look into the matter.
SIT to Probe the Posts
The SIT, consisting of senior IPS officers who are not from Haryana or Delhi, will be headed by an IG rank officer and include two SP rank officers. One member of the SIT must be a woman.
The court also laid down conditions for Mahmudabad’s bail, including a ban on him writing any posts or articles related to the case, expressing opinions on the terrorist attack or India’s response, and a requirement to surrender his passport. He must also cooperate fully with the investigation.
Court Raises Concerns About Mahmudabad’s Comments
During the hearing, Senior Advocate Kapil Sibal, representing Mahmudabad, argued that his comments were patriotic. However, Justice Surya Kant expressed concern about the language used, stating: “This is what we call in the law – dog whistling!”
Justice Kant questioned whether Mahmudabad’s comments, which touched upon politics and the right-wing, were appropriate in the context of a national crisis. He emphasized the need for respectful and neutral language, particularly when discussing sensitive topics.
Justice Kant also asked Additional Solicitor General SV Raju, representing the State of Haryana, whether the comments had the effect of insulting women army officers. He noted that the investigation would delve into the bona fides of Mahmudabad’s comments.
Background and Charges
Mahmudabad was sent to judicial custody by a local court in Sonepat, Haryana, with the state police initially seeking seven days of his custody. He was subsequently remanded to police custody for two days.
He faces charges under Section 196, 152 of the Bharatiya Nyaya Sanhita, including offences related to communal harmony, making assertions likely to cause disharmony, endangering national sovereignty, and words or gestures intended to insult a woman’s modesty.
He was also summoned by the Haryana State Commission For Women.
