NHRC takes suo motu cognizance of Prof Mahmudabad's arrest; calls for report from DGP Haryana

The National Human Rights Commission has taken suo motu cognizance of a media report regarding the arrest and remand to custody of a Professor Ali Khan Mahmudabad of Ashoka University over controversial statements made on Operation Sindoor.

As per the Commission, the report, which contains a gist of the allegations on the basis of which he has been arrested, discloses, prima facie, that the human rights and liberty of the said Professor have been violated.

Accordingly, it has issued a notice to the Director General of Police, Haryana, calling for a detailed report in the matter within one week.

A few hours back, Mahmudabad also secured interim bail from the Supreme Court. Senior Advocate Kapil Sibal, appearing for the professor, informed the top court that his wife was nine months pregnant and could deliver any time.

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 also 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", top 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.

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.