NEW DELHI: The Supreme Court on Wednesday declined to stay the investigation Associate Professor at Sonipat-based Ashoka University, Ali Khan Mahmudabad, arrested for his alleged social media post on 'Operation Sindoor' and ordered setting up an SIT to probe two FIRs lodged against him.
A bench of Justices Surya Kant and N Kotiswar Singh said everybody has the right to freedom of expression, but the statements made by Mahmudabad are what is called as "dog whistling" in law.
"At the time when so many things were happening in the country, where was the occasion for him to use these kinds of words which could be insulting, humiliating and putting others in discomfort. He is a learned man, he cannot be said to be short of words," the bench said.
The court, however, granted interim bail to Mahmudabad.
The bench refused to stay the two FIRs registered by Haryana Police against him.
The court said the SIT will not have officers from Haryana or Delhi.
Directing his release on interim bail, the court restrained Khan from making any further online posts or speeches on the issue.
"No article or online posts to be made (by Mahmudabad) and neither deliver any speech on the issues which are subject matter of this case. He is retrained from making any comments on the crisis recently faced by India which is a terrorist attack on Indian soil or the counter response given by our nation," the bench said.
The court also directed him to surrender his passport.
The petitioner should be enlarged on bail subject to the furnishing of bail bonds to the satisfaction of the CJM Sonepat.
There shall be only one set of bail bonds for both FIRs, the court clarified.
The bench objected to the language used by Mahmudabad in his posts, noting it could have dual meanings.
Refusing his plea to stay the probe, the court said he has not made out any case for it.
The court issued notice to the Haryana government on the petitioner's plea challenging the validity of the FIRs and his arrest.
"Having regard to contents of two alleged offending online posts which led to FIRs against the petitioner, we are satisfied that no case of staying the investigation is made out However to understand the complexity and for proper appreciation of the language used in the post, we direct DGP Haryana to constitute a SIT comprising of three IPS officers who do not belong to Haryana or Delhi. SIT shall be headed by Inspector general of police and one of the members shall be a women officer," the bench said.
The police arrested the professor on Sunday, May 18 from his residence in Delhi for allegedly endangering India’s sovereignty, unity and integrity for his alleged comments on Operation Sindoor.
The State Women's Commission had also criticised Mahmudabad's comments as disparaging toward women officers in the Indian Armed Forces and said it also promoted communal disharmony.
He called the media briefing conducted by women officers as “optics” and "just hypocrisy".
In a Facebook post, Mahmudabad said, “I am very happy to see so many right-wing commentators applauding Colonel Sophia Qureishi, but perhaps they could 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.”
The Haryana state women's commission had issued summons to Mahmudabad on May 12, stating that his comments raised concerns about the disparagement of women in uniform — including Colonel Sofiya Qureshi and Wing Commander Vyomika Singh — undermining their roles as professional officers, and misrepresenting facts through repeated references to “genocide", “dehumanisation", and “hypocrisy", while attributing malicious intent to the Indian government.
