Supreme Court refuses to set aside "no online posts" bail condition imposed on Prof Mahmudabad

The Supreme Court of India has refused to set aside two of the bail conditions imposed on Ashoka University Professor Ali Khan Mahmudabad who has been arrested by Haryana Police over controversial statements made on Operation Sindoor.

As per the order granting interim bail to Mahmudabad, he was directed not to write any online post, article or any oral speech related to either of the two online posts, which are subject-matter of the investigation and also restrained from expressing any opinion in relation to the terrorist attack on Indian soil or the counter response given by our armed forces.

Senior Advocate Kapil Sibal made an 'earnest request' before Court today to remove these two conditions. "May I make a submission on bail conditions of not writing posts..that need not be said..these are mature people, he is an oxford graduate..", he told a bench of Justices Surya Kant and Dipankar Datta.

In response, the bench clarified, "We don't want a parallel running media trial..there is no impediment on his right to speech..".

Court was further informed today that a SIT as per its May 21st directions had been constituted. "We direct that the investigation of the SIT shall be confined to contents of the two FIRs subject matter of this petition. The report shall be produced before this court first. Interim protection to continue", the bench went on to order.

Supreme Court has also sought information from the Haryana government over the NHRC's decision to take cognizance of Mahmudabad's arrest.

Last week, National Human Rights Commission had taken suo motu cognizance of a media report regarding the arrest and remand to custody of Professor Mahmudabad.

As per the Commission, the report, which contained 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.

While granting interim bail to 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..".

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 had clarified.

Case Title: MOHAMMAD AMIR AHMAD @ ALI KHAN MAHMUDABAD vs. STATE OF HARYANA