Operation Sindoor remarks row: Supreme Court grants interim bail to Ashoka University Professor Ali Khan Mahmudabad

Operation Sindoor remarks row: Supreme Court grants interim bail to Ashoka University Professor Ali Khan Mahmudabad

The Supreme Court on Wednesday granted interim bail to Ali Khan Mahmudabad, an Associate Professor of Ashoka University, Sonipat, who was arrested for posting comments on Operation Sindoor, India’s retaliatory strike against Pakistan over the Pahalagam terror attack.

The Bench of Justice Surya Kant and Justice N Kotiswar Singh granted interim bail to Khan on bail bonds to the satisfaction of the CJM Sonepat.

Noting that Khan has not made out any case for a stay on the investigation, the Apex Court refused to stay the two first information reports (FIRs) registered by Haryana Police against him.

The Bench restrained Khan from publishing any article or online posts on social media and directed him not to deliver any speech on the issues which were subject matter of the case.

He was further ordered not to pass any remarks on any crisis recently faced by India, any terrorist attack on Indian soil, or the counter-response given by the nation. Khan was also directed to surrender his passport.

The Apex Court directed the Director General of Police (DGP), Haryana, to constitute a special investigation team (SIT), comprising three non-Delhi and non-Haryana IPS officers, to probe the case. The SIT should be headed by an Inspector General of Police, and one of the members should be a woman IPS officer, it added.

The case is currently being investigated by the Haryana Police.

The top court today also took strong exception to the language used by Khan in his posts, which could have dual meanings.

Mahmudabad was remanded to two-day police custody on May 18 after the Haryana police arrested him from Delhi, following the registration of two separate cases.

Operation Sindoor refers to India’s cross-border military response to Pakistan, following the Pahalgam terror attack of April 22 that killed 26 civilians in India.

Mahmudabad allegedly wrote in a social media post that with Operation Sindoor, India has sent a message to Pakistan that if the country failed to dealed with its terrorism problem, then India would do so.

Criticising those advocating for a war, the Professor said the loss of civilian life was tragic on both sides and was the main reason why war should be avoided. Those mindlessly advocating for a war, have never seen one, let alone lived in or visited a conflict zone, he added.

Mahmudabad further urged the right-wing supporters praising Colonel Sofiya Qureshi, who led the media briefing on Operation Sindoor, to also speak up for victims of mob lynchings and arbitrary demolition of properties.

The ‘optics’ of having Colonel Qureshi and Wing Commander Vyomika Singh lead the briefings should be reflected in real change on the ground, said the Professor, adding that otherwise, it amounted to mere hypocrisy.

A case was registered against Mahmudabad under Sections 196 (promoting hatred), 197 (imputations and assertions prejudicial to national integration), 152 (endanger the sovereignty, unity, and integrity of India), and 299 (culpable homicide) of the Bharatiya Nyaya Sanhita (BNS), following a complaint filed by one Yogesh Jatheri.

Another first information report (FIR) was lodged against the Professor on the basis of a complaint filed by Haryana Women’s Commission Chairperson Renu Bhatia. he was booked for offences under Sections 353 (public mischief), 79 (insult to modesty) and 152 of BNS.

The State Women’s Commission had earlier termed Mahmudabad’s social media comments as disparaging toward women officers in the Indian Armed Forces, adding that it also promoted communal disharmony.

The Commission also issued a show-cause notice to Mahmudabad. In a statement posted on X (Twitter), Mahmudabad said that the Commission had completely misread his comments and inverted their meaning.

Mahmudabad was remanded to 2-day police custody on May 18 after the Haryana police arrested him from Delhi, following the registration of two separate cases. The FIRs were registered based on his remarks on Operation Sindoor over social media.

Operation Sindoor refers to India’s cross-border military response to Pakistan, following the Pahalgam terror attack of April 22 that killed 26 civilians in India.

In a Facebook post, Mahmudabad wrote that with Operation Sindoor, India had sent a message to Pakistan that, “if you don’t deal with your terrorism problem then we will!”

He also went on to criticise those who blindly advocate war, noting,

“The loss of civilian life is tragic on both sides and is the main reason why war should be avoided. There are those who are mindlessly advocating for a war but they have never seen one let alone lived in or visited a conflict zone …”

He further urged right-wing supporters praising Colonel Sofiya Qureshi – who led the media briefing on Operation Sindoor – to also speak up for victims of mob lynching and arbitrary demolitions of properties.

He remarked that the “optics” of having Colonel Qureshi and Wing Commander Vyomika Singh lead the briefings should be reflected in real change on the ground, warning that otherwise, it amounts to mere hypocrisy.

The first case against Mahmudabad was lodged based on a complaint by Yogesh Jatheri under Sections 196 (promoting hatred), 197 (imputations and assertions prejudicial to national integration), 152 (endanger the sovereignty, unity, and integrity of India), and 299 (culpable homicide) of the Bharatiya Nyaya Sanhita (BNS).

The second first information report (FIR) followed a complaint by Haryana Women’s Commission Chairperson Renu Bhatia and included charges under Sections 353 (public mischief), 79 (insult to modesty), 152 of the BNS.

The State Women’s Commission had earlier termed Mahmudabad’s social media comments as disparaging toward women officers in the Indian Armed Forces, adding that it also promoted communal disharmony.

It had issued a show-cause notice as well to the associate professor. In a statement posted on X (Twitter), Mahmudabad said that the commission had completely misread his comments and inverted their meaning.

Mahmudabad was produced before Judicial Magistrate Azad Singh on May 20, who remanded him to judicial custody.

This article first appeared on India Legal

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