Ashoka University professor Ali Khan Mahmudabad granted bail by the Supreme Court; refuses to stay the FIR
Professor Ali Khan Mahmudabad was granted interim bail by the Supreme Court, which also ordered a three-member SIT to look into his case.
New Delhi(India) May 21: Ali Khan Mahmudabad, a professor at Ashoka University, was granted temporary release by the Supreme Court on Wednesday. He was arrested by Haryana Police for making a Facebook comment about "Operation Sindoor," which was India's military response to the Pahalgam terror attack on April 22.
The highest court also directed that he refrain from writing any online articles or speeches about the two posts that are under investigation.
During the hearing, a panel of Justices Surya Kant and N Kotisar Singh slammed the professor and asked, "Why try to gain cheap popularity?”
"Although everybody has the right to freedom of expression, statements by Mahmudabad are what is called dog whistling in law."
The court made it clear that the only reason the temporary bail was granted was to support the ongoing investigation. It has also instructed Mahmudabad to present his passport to the Chief Judicial Magistrate in Sonipat and provide a single bail bond for both FIRs.
The court further ordered that a Special Investigation Team (SIT) be formed within 24 hours to look into the matter. The SIT would be led by a DGP-rank officer and would consist of three senior officers who do not live in Haryana, including a female IPS officer.
Academics have widely criticised the arrest, seeing it as a violation of academic freedom and free speech.
Ashoka University said in a statement that it was "heartened" by the court's decision to release Mr. Mahmudabad on bail. The University said,"It has provided great comfort to his family and all of us at Ashoka University.”
Due to the comments he made on social media on Operation Sindoor, the professor from Ashoka University was arrested on May 18 after two formal complaints were filed against him under strict sections of the Bharatiya Nyaya Sanhita (BNS).
According to his lawyer, Mohammad Nizam Pasha, Mr. Mahmudabad was arrested on Saturday after a BJP youth leader named Yogesh (who only goes by one name) filed the initial complaint.
Renu Bhatia, the chairman of the State Commission for Women in Haryana, submitted the second complaint.
Two public social media tweets by Mr. Mahmudabad discussing India's military action against Pakistan are the basis for the charges.
Aadrika Tayal
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