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News Topical, Digital Desk : The Supreme Court on Wednesday granted interim bail to Ashoka University professor Ali Khan Mahmoodabad, who was arrested for posting a controversial post on Operation Sindoor, but refused to stay the investigation against him.
The apex court said that though everyone has the right to freedom of expression, Mahmoodabad's comment appeared to be dog whistling.
Mahmoodabad is the head of the Department of Political Science at Ashoka University, Sonipat. A bench of Justices Surya Kant and N Kotiswar Singh directed the Haryana Director General of Police to constitute a three-member Special Investigation Team (SIT) within 24 hours to investigate the matter.
The SIT will be headed by an officer of the rank of Inspector General (IG) and will also include a woman officer of the rank of Superintendent of Police (SP). The apex court said the petitioner has been granted interim bail to facilitate further investigation and directed Mahmoodabad to surrender his passport.
Professor cannot be at a loss for words: Court
The bench questioned the choice of words in the professor's post, saying they were deliberately used to humiliate, degrade or make others uncomfortable. The professor cannot be at a loss for words. He could have expressed the same sentiments in simpler language without hurting others. Kapil Sibal, counsel for Mahmoodabad, argued that there was no criminal intent in the professor's remarks.
He said the post ended with "Jai Hind", which shows its patriotic nature. Seeking relief, Sibal said the professor is in judicial custody and his wife is nine months pregnant. This is not the right time to make such comments, but these comments should be seen in a way that there is no crime in them.
Professor's human rights and liberty have been violated: Media report
NHRC sends notice to Haryana Police ChiefThe National Human Rights Commission (NHRC) said on Wednesday that it has taken suo motu cognizance of the arrest of Mahmoodabad and issued a notice to the Haryana Police Chief. The Commission has sought a report from the Haryana Police within a week. The NHRC said in a statement that the media report prima facie shows that the human rights and freedom of the professor have been violated.
BJP said - freedom of expression comes with responsibility The BJP said that the comments of the Supreme Court are a reminder that freedom of expression comes with responsibility. BJP IT department chief Amit Malviya wrote on Twitter, "Supreme Court grants interim bail to Professor Ali Khan Mahmoodabad, but raises serious concerns. This is not just about one person. We must stand for dialogue, but also for dignity."
The order has not reached the jail, release may happen today
According to Sonipat correspondent, Mahmoodabad could not be released as the Supreme Court order did not reach the jail till Wednesday evening. Now he will be released only after the order reaches on Thursday. His relatives had deposited his original passport in Rai police station on Wednesday afternoon. Sonipat court had given time till 5 pm on Wednesday to deposit the passport.
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