Supreme Court on Ashoka University Professor in Operation Sindoor Remarks Case: ‘Freedom of Speech Has Limits’

Supreme Court on Ashoka University Professor in Operation Sindoor Remarks Case: The Supreme Court on Wednesday told Ashoka University professor Ali Khan Mahmudabad, accused of making contentious social media posts on Operation Sindoor, that there was no impediment on his right to speech and expression, but he can’t post anything online with respect to the cases against him.

A partial working day bench of Justices Surya Kant and Dipankar Datta refused to modify as of now, the interim bail condition imposed on him on May 21 that he will not write any online post, article or make any oral speech related to either of the two online posts, which are subject matter of the investigation.

The top court had also restrained the professor from expressing any opinion in relation to the terrorist attack on Indian soil or the counter-response given by the Indian armed forces.

Earlier this week, Haryana's Director General of Police Shatrujeet Kapur constituted an SIT to conduct investigations in the two FIRs against Ashoka University associate professor Ali Khan Mahmudabad.

Mahmudabad, who was sent to judicial custody by a Sonipat court, was on Thursday released after the Supreme Court granted him interim bail. The top court, however, refusing to stay the investigation.

Headed by Additional Director General of Police (Crime) Mamta Singh, the SIT included Superintendent of Police (Karnal) Ganga Ram Punia and Superintendent of Police (STF, Gurugram) Vikrant Bhushan as members.

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A bench of Justices Surya Kant and Dipankar Datta also restricted the scope of the Special Investigation Team (SIT) probe into the case lodged against Mahmudabad and said the probe should be limited to the two FIRS.

"We direct that the investigation of SIT shall be confined to the contents of the two FIRs, subject matter of these proceedings. The investigation report, before it is filed in a jurisdictional court, must be produced before this court. The interim protection to continue till further orders," the apex court stated in the order.

Singh is also the commissioner of the Sonipat Police. The Haryana Police arrested Mahmudabad, head of Ashoka University's political science department, on May 18 for his social media posts on Operation Sindoor.

The Supreme Court on Wednesday granted interim bail to Mahmudabad but refused to stay the investigation.

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"He was released on interim bail on Thursday after the jail authorities in Sonipat received the release warrants," said Kapil Balyan, one of Mahmudabad's lawyers in Sonipat.

Insofar as Sibal sought relaxation of the conditions imposed by the Court while granting Mahmudabad interim bail, Justice Kant said that the same were only meant to introduce a cooling-off period. Asking Sibal to "wait for some time and remind on the next date", the judge clarified that Mahmudabad is free to write articles, etc. on aspects other than the subject matter. "We don't want a parallel media trial on this issue. He is free to write on anything else. No impediment on his right to speech, etc." Justice Kant said.

Haryana Police arrested Mahmudabad on May 18 after two FIRs were registered against him. His contentious social media posts on Operation Sindoor, it is alleged, endangered the sovereignty and integrity of the country.

The two FIRs — one based on a complaint by the chairperson of Haryana State Commission for Women, Renu Bhatia, and the other on a complaint by a village sarpanch — were lodged by Rai police in Sonipat district.

“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.

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