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Supreme Court Grants Interim Bail to Ashoka University Professor Amid Controversy

The Supreme Court has granted interim bail to Ali Khan Mahmudabad, an Associate Professor at Ashoka University, following his arrest over comments regarding military operations. The court has ordered a special investigation team to probe his statements while barring him from discussing related topics. Mahmudabad faces multiple charges, including those related to communal harmony and national sovereignty. His remarks, made on social media, have sparked significant controversy, leading to complaints from political figures. This case raises important questions about freedom of speech and the implications of academic discourse in sensitive political contexts.
 

Supreme Court Decision

On Wednesday, the Supreme Court provided interim bail to Ali Khan Mahmudabad, an Associate Professor at Ashoka University, following his arrest related to remarks he made about press briefings concerning Operation Sindoor. Reports indicate that Mahmudabad was taken into custody on Sunday and subsequently placed in judicial custody on Tuesday.


Investigation Continues

The Supreme Court opted not to suspend the ongoing investigation against Mahmudabad, who leads the political science department at the university. He has been prohibited from sharing or publishing any content linked to the social media posts under investigation and has been instructed to refrain from commenting on the Pahalgam terror attack and India's military response.


Formation of Special Investigation Team

The court mandated that the Haryana director general of police establish a special investigation team within 24 hours to examine the implications of Mahmudabad's statements. The bench, comprising Justices Surya Kant and NK Singh, specified that the team should include three senior Indian Police Service officers from outside Haryana or Delhi, with at least one being a woman.


Charges Against Mahmudabad

Mahmudabad is facing two cases stemming from his comments regarding the Indian military's operations against terrorist camps in Pakistan and Pakistan-occupied Kashmir, which were initiated following the Pahalgam attack on April 22. One case was lodged based on a complaint from Yogesh Jatheri, the general secretary of the Bharatiya Janata Party’s Yuva Morcha in Haryana, while the second complaint was filed by Renu Bhatia, chairperson of the Haryana State Women’s Commission.


Legal Implications

The charges against Mahmudabad include violations of the Bharatiya Nyaya Sanhita, which pertains to actions detrimental to communal harmony, making statements likely to incite discord, and actions that threaten national sovereignty, among other allegations.


Mahmudabad's Statements

In a social media post dated May 8, Mahmudabad criticized the apparent contradiction of Hindutva commentators praising Colonel Sofiya Qureshi, who represented the Army during the media briefings on the military operation. He suggested that these commentators should also advocate for the protection of victims of mob lynchings and other acts of violence attributed to the Bharatiya Janata Party.


He emphasized that while the visuals from the press briefings were significant, they needed to translate into real-world actions to avoid being perceived as mere hypocrisy.


Response from the Haryana Women's Panel

The Haryana women's commission accused Mahmudabad of attempting to undermine national military actions. Renu Bhatia stated that he failed to respond to the panel's summons on May 14 and did not appear when the commission visited the university on May 15.


In his defense, Mahmudabad asserted that he was exercising his fundamental right to free speech aimed at fostering peace and harmony. He claimed that his comments were 'completely misunderstood' by the commission and that their notice did not adequately address how his posts contradicted women's rights or laws.