SC grants interim bail to Ashoka University Prof Ali Khan, restrains him from making comments on terrorist attacks

The Supreme Court on Wednesday granted interim bail to Ashoka University Professor Ali Khan Mahmudabad and directed the constitution of a three member Special Investigation Team (SIT) to probe the case. 

The apex court also restrained the professor from making any comments regarding terrorist attacks on India or the counter-response given by India. ANI reported that the Supreme Court also ordered Mahmudabad to surrender his passport.

Mahmudabad was arrested on 18 May after two FIRs were lodged under stringent charges, including endangering sovereignty and integrity, for his social media posts over Operation Sindoor.

He was produced before a local court in Sonipat on 18 May and was remanded in police custody for two days in a case registered on a complaint by the Haryana State Commission for Women (HSCW) filed a day before, news agency PTI reported.

On Tuesday, the Sonipat court remanded him to judicial custody till 27 May after the completion of his police custody.

The HSCW recently sent a notice to him questioning the remarks, though Mahmudabad maintained they were "misunderstood" and underscored his fundamental right to freedom of speech, PTI said.

Relieved, heartened: Ashoka University

The Ashoka University on Wednesday said it was "relieved" and "heartened" that the Supreme Court granted interim bail to its professor, Ali Khan Mahmudabad.

"We are relieved and heartened by prof Ali Khan Mahmudabad being granted interim bail by the Hon'ble Supreme Court. It has provided great comfort to his family and all of us at Ashoka University," the university said in a statement.

Two FIRs against Prof Ali Khan Mahmudabad

Haryana Police said the two FIRs were lodged at the Rai Police Station in Sonipat – one based on a complaint from the chairperson of Haryana State Commission for Women, Renu Bhatia, and the other on the complaint of a village sarpanch.

In a letter dated 16 May to the state DGP, the HSCW lodged a complaint for registration of an FIR against Mahmudabad “based on prima facie evidence and precedent”, the report said.

"On the Commission chairperson's complaint, the FIR has been lodged against Professor Ali of Ashoka University under BNS sections 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate actions aimed at insulting the modesty of a woman) and 196 (1) (promoting enmity between different groups on grounds of religion)," police said.

The case was lodged under BNS Sections 152, 196 (promoting enmity between different groups on ground of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony), 197 (imputations, assertions, prejudicial to national integration) and 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs).

All sections are non-bailable.

Why did his posts become so controversial?

Mahmudabad's remarks were annexed to the commission's notice, and in one of them, he purportedly said right-wing people applauding Col Sofiya Qureshi should demand protection for victims of mob lynchings and "arbitrary" bulldozing of properties.

According to the PTI report, the associate professor was alleged to have described the media briefings by Col Qureshi and Wing Commander Vyomika Singh as "optics".

"But optics must translate to reality on the ground, otherwise it's just hypocrisy," he added.

The commission previously said an initial review of Mahmudabad's remarks raised concerns about the "disparagement of women in uniform, including Col Qureshi and Wing Commander Singh, and undermining their role as professional officers in the Indian Armed Forces".

(With inputs from agencies)