Retired Officials Condemn Charges Against Ashoka University Professor Ali Khan Mahmudabad
Concerns Raised Over Criminal Charges
A group of retired diplomats and bureaucrats expressed their outrage on Wednesday regarding the criminal charges filed against Ali Khan Mahmudabad, an Associate Professor at Ashoka University. They described the allegations as 'outrageous and absurd.'
Members of the Constitutional Conduct Group emphasized that Mahmudabad's social media posts, which led to two separate cases against him, were thoughtful and aimed at promoting peace. They highlighted that the essence of his messages was to advocate for harmony.
The charges stem from Mahmudabad's remarks concerning media briefings related to an Indian military operation targeting terrorist camps in Pakistan and Pakistan-occupied Kashmir, initiated in response to the Pahalgam attack on April 22.
In a social media post dated May 8, Mahmudabad pointed out the irony of Hindutva commentators praising Colonel Sofiya Qureshi, who represented the Army during the media briefings about the military operation.
He remarked, 'Perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing, and others who are victims of the Bharatiya Janata Party’s hate mongering be protected as Indian citizens.'
Among the complainants against Mahmudabad's post were an office-bearer from the Bharatiya Janata Party's youth wing and the head of the Haryana State Women’s Commission.
Mahmudabad is facing charges under the Bharatiya Nyaya Sanhita, which includes accusations related to actions detrimental to communal harmony, making statements likely to incite discord, and acts that could endanger national sovereignty, among others.
He was arrested on May 18 but was granted interim bail by the Supreme Court just three days later.
The retired officials expressed their deep concern over the charges and Mahmudabad's arrest, stating, 'It cannot be a crime to seek justice for victims of lynching and bulldozer demolitions, or to call for peace and restraint.'
They noted that despite Supreme Court directives for authorities to act against hate speech proactively, instances of open calls for violence against Indian Muslims rarely result in charges of disloyalty or incitement of religious hatred.
In a recent incident, a minister from Madhya Pradesh, Kunwar Vijay Shah, referred to Colonel Sofiya Qureshi as the 'sister of terrorists,' prompting the MP High Court to instruct the police to file an FIR against him.
While the former civil servants were relieved by Mahmudabad's interim bail, they expressed dismay over certain comments made by the Supreme Court bench and the conditions of the bail.
They criticized the bench for suggesting that Mahmudabad's tweets contained 'dog-whistling' and for questioning his 'choice of words,' implying he was seeking 'cheap publicity.'
Furthermore, they found it perplexing that a Special Investigation Team was appointed to 'holistically understand the complexity of the phraseology employed' by Mahmudabad, questioning how three police officers could interpret the straightforward language of his post.
The signatories referenced a Supreme Court ruling from March, which stated that in a democracy, even unpopular views must be 'respected and protected.' They urged the court to uphold these democratic principles, warning that suppressing free speech through the misuse of criminal law could have damaging effects on society.
The statement was signed by notable figures, including Punjab's former director general of police Julio Ribeiro, Delhi's former Lieutenant Governor Najeeb Jung, former Foreign Secretary and National Security Adviser Shivshankar Menon, and former Indian Administrative Service officer Harsh Mander.