Supreme Court grants interim bail to Professor Ali Khan Mahmudabad, orders SIT probe
New Delhi: The Supreme Court on Wednesday granted interim bail to Ashoka University Professor Ali Khan Mahmudabad, who was arrested on May 18 by Haryana Police over his social media posts related to ‘Operation Sindoor’. The Court, however, refused to stay the ongoing investigation.
A bench comprising Justice Surya Kant and Justice NK Singh directed the Haryana Director General of Police to constitute a Special Investigation Team (SIT) within 24 hours. The SIT must include senior IPS officers not from Haryana or Delhi, with at least one woman officer, to investigate and interpret the meaning and context of the posts.
As a condition of the bail, Professor Mahmudabad has been barred from writing or expressing opinions on the incident or on the counter-response to the terrorist attack that led to ‘Operation Sindoor’. He is also required to fully cooperate with the investigation.
The Court emphasized that the bail is to enable a thorough and impartial investigation. During the hearing, the bench scrutinized Mahmudabad's social media statements, questioning the timing and language of his remarks. Justice Kant observed that while free speech is a right, sensitivity is essential during national crises. "Everybody talks about rights, as if the country for last 75 years was distributing rights!" he remarked.
Justice Kant further criticized Mahmudabad’s choice of words, describing them as “dog whistling” and said the professor should have used more neutral and respectful language. "The learned professor cannot have a lack of dictionary words...he could convey the same feelings in simple language without hurting others," he added.
Senior Advocate Kapil Sibal, representing Mahmudabad, argued that his client had no criminal intent and highlighted that the posts ended with "Jai Hind." He also informed the Court that Mahmudabad’s wife is expecting delivery soon.
Justice Kant questioned whether the posts were disrespectful to women officers, suggesting that the intent behind the comments was a matter of investigation. Additional Solicitor General SV Raju, representing the State of Haryana, claimed that the posts were not as innocent as portrayed by the petitioner.
Previously, a local court in Sonepat had sent Mahmudabad to judicial custody after rejecting the police’s request for seven-day remand. He initially spent two days in police custody following his arrest.
Mahmudabad faces charges under various provisions of the Bharatiya Nyaya Sanhita, including those relating to promoting communal disharmony, acts prejudicial to national sovereignty, and gestures insulting a woman's modesty. He has also been summoned by the Haryana State Commission for Women, chaired by Renu Bhatia.
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UP court rejects plea seeking Rahul Gandhi's voice sample in defamation case
Sultanpur (UP) (PTI): A local MP/MLA court on Saturday rejected a plea seeking a voice sample of Rae Bareli MP Rahul Gandhi in a defamation case filed by a BJP functionary against the Congress leader, and posted the matter for next hearing on May 11.
The plea, filed by BJP leader Vijay Mishra through his counsel Santosh Kumar Pandey, had sought Gandhi's voice sample for a forensic test to compare it with an audio clip.
After the petition was dismissed, Pandey said they would file a revision plea before the sessions court against the order.
The court rejected the plea after hearing the arguments of both sides, including Gandhi's counsel Kashi Prasad Shukla.
The matter dates back to 2018 when Mishra, a local BJP leader, filed a defamation suit over Gandhi’s alleged objectionable remarks targeting Amit Shah while campaigning for the Karnataka Assembly elections.
After five years of legal proceedings, the court issued a warrant against Gandhi in December 2023.
The Rae Bareli MP surrendered before the court in February 2024, and was granted bail on two sureties of Rs 25,000 each by a special magistrate.
On July 26 last year, the Congress leader recorded his statement before the court, claiming innocence and calling the case a political conspiracy.
Earlier this year, multiple hearings were postponed due to a strike by lawyers and the ill-health of Gandhi’s counsel.
