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The Supreme Court granted bail to Ashok University Professor Ali Khan Mahmudabad, but criticized his social media post on Operation Sindoor. The court emphasized the importance of responsibility in using free speech.
New Delhi:
The Supreme Court today granted bail to Ashok University Professor Ali Khan Mahmudabad, but pulled him for his social media post on Operation Sindoor. The court said that the “demon” came and attacked our country and asked the professor why he needed to seek “cheap popularity”.
Professor Mahmudabad, Associate Professor and head of the Department of Political Sciences at Ashok University, were arrested last week on a social media post on Operation Sindoor. They were accused under sections associated to promote enmity between groups and were seen as a threat to national integrity and sovereignty.
Senior advocate Kapil Sibal appeared before the bench of Justice Surya Kant and Justice N. Kotiswar Singh to argue in the case of Shri Mahmudabad.
In response to the arguments, Justice Kant said, “Yes, everyone has the right to free speech and expression … Is it time to talk about all? The country is already going through all this … The demons came and attacked our people … We have to unite.
Mr. Sibal then insisted that there was no criminal intention in the professor’s social media post. Justice Kant replied, “You should know what is happening. Freed speech etc. has the right … Where is the duty? Such as the whole country has been distributing only rights and any duty for the last 75 years.”
Justice Kant also said that the professor’s comment is “dogwisting”. The judge said, “It is very unfortunate for a society with a free speech when the choice of words intentionally causes humiliation, humiliation and discomfort on the other side. He should not have a lack of words to use. He can use the language that does not hurt the feelings of others, uses a neutral language,” said the judge.
Mr. Sibal said that there is no criminal intention or attempt by the professor to generate communal tension. “She was just hurt. His wife is 9 months pregnant, but she is in jail. Now a second cedar by the Women’s Commission. What did she say against women?”
The court said that the professor’s comment is “anti-war”. The bench said, “They say that families will be the reason for suffering with citizens. They also talk about countries that create war equipment.
However, the court said that there is no case to stop the investigation. “However, to understand the complexity and for proper praise to the language used in the post, we direct DGP to direct Haryana, including three IPS officers who do not belong to Haryana or Delhi. The SIT will be headed by the Inspector General of Police and a member will be a woman officer.”
The court granted bail to the professor with three conditions: he will not write any article or online post or provide any speech related to the case, he will not comment on the Pahalgam attack or Operation Sindoor and surrender his passport.
The professor faces two FIRs, one of them, Haryana State Commission Chairman Renu Bhatia, for his comment on the government’s choice of Colonel Sophia Qureshi and Wing Commander Vyomika Singh for Operation Sindoor Briefing.
Referring to Colonel Qureshi, the professor said that he was happy to see the right -wing commentators appreciating the Colonel. “… But perhaps they can also equally demand that the mob lynching, arbitrary bulldozing and others who are victims of BJP’s hatred should be preserved as Indian citizens. Two female soldiers are important optics presenting their conclusions, but optics should be translated into reality on the ground, otherwise it is just the halch”.
The Women’s Commission said the review of Mr. Khan’s comments “Innappertures the uniforms of women’s inequality, including Kol Qureshi and Wing Commander Singh and to reduce their role as professional officers in the Indian Armed Forces”.
The professor had said that the female panel “misunderstood” her comment. “… I wonder that the Women’s Commission, ending its jurisdiction, misunderstood their positions to the extent and misunderstood that they have reversed their meaning,” he said.