Comments on Operation Sindoor: Supreme Court questions Prof Mahmudabad's 'choice of words', grants interim bail
'This is called as dog whistling..", Justice Kant told Senior Advocate Kapil Sibal referring to Professor Mahmudabad's posts.;
The Supreme Court today questioned the choice of words used by Ashoka University Professor Ali Khan Mahmudabad who has been arrested by Haryana Police over controversial statements made on Operation Sindoor.
While granting interim bail to Professor Mahmudabad Justice Surya Kant led bench has observed, "When the choice of words is deliberately made to insult or humiliate...a learned professor cannot have the lack of dictionary words..you can put these feelings in a simple language without hurting other sentiments..".
The bench also comprising Justice N Kotiswar Singh has directed that for proper investigation the DGP Haryana shall constitute a SIT comprising three directly recruited IPS officers who do not belong to Haryana or Delhi.
"We have considered the prayer for bail, with a view to facilitate the investigation as above we direct that the petitioner be released on interim bail subject to bail bonds to the satisfaction of the Chief Judicial Magistrate (CJM) Sonepat", court has further ordered.
In addition to the terms and conditions as imposed by CJM, Sonepat court has directed Mahmudabad not to write any online posts or articles relating to the two posts that are subject matter of this case. He shall also not put any posts in relation to the terrorist attack on Indian soil or the counter response given by our nation. He has also been directed to surrender his passport to the CJM Sonepat.
Two days back, CJI BR Gavai led bench agreed to hear the instant plea after the same was mentioned today by Senior Advocate Kapil Sibal. "He has been arrested for patriotic statements..", Sibal told the bench also comprising Justice AG Masih.
Khan is an associate professor and head of the department of political science at Ashoka University in Sonipat. In his tweet Khan urged right-wing commentators who praised Colonel Sofiya Qureshi - who led the media briefing on Operation Sindoor - to 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.
"For me the press conference was just a fleeting glimpse - an illusion and allusion perhaps - to an India that defied the logic on which Pakistan was built. As I said, the grassroots reality that common Muslims face is different from what the government tried to show...", the tweet added.
A case was registered against Mahmudabad based on a complaint by Yogesh Jatheri under Sections 196, 197, 152 and 299 of the Bharatiya Nyaya Sanhita (BNS). The second FIR was registered following a complaint by Haryana Women’s Commission Chairperson Renu Bhatia and included charges under Sections 353, 79 and 152 of the BNS.
Khan had also issued a statement on May 14 saying his remarks had been “completely misunderstood” and that the commission had “no jurisdiction whatsoever” in the matter.
“Contrary to the allegations, my post appreciated the fact that the armed forces chose Colonel Sofiya Qureshi and Wing Commander Vyomika Singh for the press conference to highlight that the dream of the founders of our Republic of an India united in its diversity, is still alive,” he clarified.
Case Title: Ali Khan Mahmudabad vs. State of Haryana