SC imposes conditionnal restriction on Ashoka University professor

New Delhi: The Supreme Court on Wednesday, May 28, told Ashoka University professor Ali Khan Mahmudabad, accused of making contentious social media posts on Operation Sindoor, that there was no impediment on his right to speech and expression, but he can’t post anything online with respect to the cases against him.

A partial working day bench of Justices Surya Kant and Dipankar Datta refused to modify as of now, the interim bail condition imposed on him on May 21 that he will not write any online post, article or make any oral speech related to either of the two online posts, which are subject matter of the investigation.

The top court had also restrained the professor from expressing any opinion in relation to the terrorist attack on Indian soil or the counter-response given by the Indian armed forces.

The bench said it is extending the interim bail granted to the professor and directed the SIT to furnish the investigation report on the next date of hearing.

The top court made it clear that the subject matter of investigation was two FIRs lodged against the professor and asked the Haryana police not to go “left and right” in the investigation and seek the “devices”, which the cops said they would like to examine.

The bench also asked the Haryana police to apprise it about their response to the NHRC notice on registration of FIR against the professor.

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On May 21, the National Human Rights Commission (NHRC) said it has taken “suo motu cognisance” of a media report in connection with the arrest.

The rights panel has noted that “the report, which contains a gist of the allegations based on which he has been arrested, discloses, prima facie, that the human rights and liberty of the said professor have been violated”.

On May 21, the top court granted interim bail to the professor, who was arrested for his contentious social media posts on Operation Sindoor, but refused to stay the investigation against him.

It had directed the setting up of a three-member SIT to look into the FIRs lodged against him.

Haryana Police arrested Mahmudabad on May 18 after two FIRs were registered against him. His contentious social media posts on Operation Sindoor, it is alleged, endangered the sovereignty and integrity of the country.

The two FIRs — one based on a complaint by the chairperson of Haryana State Commission for Women, Renu Bhatia, and the other on a complaint by a village sarpanch — were lodged by Rai police in Sonipat district.

“On the Commission chairperson’s complaint, the FIR has been lodged against Professor Ali of Ashoka University under BNS sections 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate actions aimed at insulting the modesty of a woman) and 196 (1) (promoting enmity between different groups on grounds of religion),” police said.

Several political parties and academicians have condemned the arrest.

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