New Delhi:
The Supreme Court today granted bail to Ashoka University professor Ali Khan Mahmudabad, but pulled him up for his social media post on Operation Sindoor. The court said “monsters” came and attacked our country and asked the professor why he needed to seek “cheap popularity”.
Professor Mahmudabad, associate professor and Head of the Department of Political Science at Ashoka University, was arrested last week over a social media post on Operation Sindoor. He was charged under sections linked to promoting enmity between groups and acts seen as threatening national integrity and sovereignty.
Senior Advocate Kapil Sibal appeared before the bench of Justice Surya Kant and Justice N Kotiswar Singh today to argue Mr Mahmudabad’s case.
In response to the arguments, Justice Kant said, “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… monsters came and attacked our people… we have to be united. Why (do this) to get cheap popularity on these occasions?”
Mr Sibal then stressed there is no criminal intent in the professor’s social media post. Justice Kant replied, “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 duty.”
Justice Kant also said the professor’s remarks are “dogwhistling”. “Very unfortunate for a society with free speech when choice of words is deliberately made to insult, humiliate and cause discomfort to the other side. He should not have lack of dictionary words to use. He can use language which does not hurt sentiments of others, use a neutral language,” the judge said.
Mr Sibal pointed out that there is no criminal intent or attempt to generate communal tension on the part of the professor. “He was just hurt. His wife is 9 months pregnant, but he is in jail. Now a second FIR by women commission. What did he say against women?”
The court noted that the professor’s remarks are “anti-war”. “He says that reasons are families will suffer along with civilians. He also speaks of countries that manufacture war equipment will benefit. Anyone who is conversant with such language can probe this… because some words have dual meanings,” the bench said.
The court, however, said no case of pausing the investigation is made out. “However, to understand the complexity and for proper appreciation of the language used in the post, we direct DGP Haryana to constitute a SIT comprising three IPS officers who do not belong to Haryana or Delhi. SIT shall be headed by Inspector General of police and one of the members shall be a woman officer,” it said.
The court granted bail to the professor with three conditions: he will not write any article or online post or deliver any speech related to the case, he won’t comment on the Pahalgam attack or Operation Sindoor and he will surrender his passport.
The professor faces two FIRs, one of them filed by Renu Bhatia, chairperson of the Haryana State Commission for Women, for his remarks on the government’s choice of Colonel Sofiya Qureshi and Wing Commander Vyomika Singh for Operation Sindoor briefings.
Referring to Colonel Qureshi, the professor had said he was happy to see right-wing commentators applauding the Colonel. “… but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP’s hate mongering be protected as Indian citizens. The optics of two women soldiers presenting their findings is important but optics must translate to reality on the ground otherwise it’s just hypocrisy”.
The women commission said a review of Mr Khan’s remarks raises concerns about the “disparagement of women in uniform, including Col Qureshi and Wing Commander Singh, and undermining their role as professional officers in the Indian Armed Forces”.
The professor had said the women’s panel “misunderstood” his remarks. “…I am surprised that the Women’s Commission, while overreaching its jurisdiction, has misread and misunderstood my posts to such an extent that they have inverted their meaning,” he said.
