The Supreme Court on Wednesday granted interim bail to Ashoka University Professor Ali Khan Mahmudabad over his controversial post on Operation Sindoor, in retaliation to the April 22 Pahalgam terror attack. The top court also refused to stay the investigation into the case.
What did the Supreme Court say?
A bench of Justices Surya Kant and N Kotiswar Singh refused to stay the two first information reports (FIRs) registered by Haryana Police against Khan in the matter but released him on interim bail. "We direct the petitioner be released on interim bail subject to furnishing of bail bonds to the satisfaction of the CJM Sonepat. There shall be only one set of bail bonds for both FIRs," the Court ordered.
The bench also questioned Mahmudabad's choice of words, stating that they appeared to be intended to humiliate, insult, or create discomfort for others, rather than contribute constructively to public discourse. While upholding the fundamental right to freedom of expression, the top court told senior advocate Kapil Sibal that although everybody has the right to freedom of expression, statements by Mahmudabad were was what is called "dog whistling" in law.
"At the time when so many things were happening in the country, where was the occasion for him to use these kinds of words which could be insulting, humiliating and putting others in discomfort. He is a learned man, he cannot be said to be short of words," Justice Surya Kant said during the hearing.
Court restrains Mahmudabad from writing on recent India-Pakistan conflict
The Supreme Court has restrained Mahmudabad from posting any further online content related to the recent India-Pakistan conflict.
"No article or online posts to be made and neither deliver any speech on the issues which are subject matter of this case. He is retrained from making any comments on the crisis recently faced by India which was a terrorist attack on Indian soil or the counter response given by our nation," the court said.
The court also ordered the professor to surrender his passport.
SC directs to constitute three-member SIT
The apex court also directed to Haryana Director general of police (DGP) to constitute a three-member Special Investigation Team (SIT) headed by Inspector General (IG) rank officer and including an SP rank woman officer, who do not belong to Haryana or Delhi, within 24 hours for investigating the case against the professor, who heads the political science department at the private university.
The professor was arrested over controversial remarks on Operation Sindoor
The professor was arrested on Sunday (May 18) after two FIRs were registered against him at the Rai police station in Sonipat. One complaint was filed by Renu Bhatia, chairperson of the Haryana State Commission for Women, and another by Yogesh Jatheri, general secretary of the Bharatiya Janata Yuva Morcha (BJYM), the youth wing of the ruling Bharatiya Janata Party (BJP). Both complaints alleged that Mahmudabad’s post was inflammatory, anti-national in nature, and undermined the sovereignty and integrity of the country.
The post in question was made on X and included remarks on Operation Sindoor. Critics of the post claimed it was disrespectful to the armed forces and incited communal disharmony. Mahmudabad, however, has defended his post, stating that it was an appeal for peace and was being misinterpreted.
Indian armed forces hit terror infrastructure in Pakistan and Pakistan-occupied Kashmir in the early hours of May 7 under Operation Sindoor in retaliation to the April 22 Pahalgam terror attack.
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