Ashoka varsity prof gets bail, but SC slams choice of words, orders SIT probe

The Supreme Court (SC) on Wednesday (May 21) granted interim bail to Ashoka University Associate Professor Ali Khan Mahmudabad who was arrested on May 18 for his Facebook posts on Operation Sindoor.

However, the SC came down heavily on Mahmudabad for his statements, terming them “dog-whistling”, and said there was “no case” for staying the investigation.

It has directed the constitution of a Special Investigation (SIT) team within 24 hours comprising three IPS officers to look into the matter.

SIT to be headed by IG-rank officer or above

The case was heard by the division bench of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh. Senior Advocate Kapil Sibal appeared on behalf of Mahmudabad, and Additional Solicitor General S V Raju appeared on behalf of the State of Haryana. Sibal repeatedly argued that there was “no criminal intent” in Mahmudabad’s post and also appealed for bail because his wife was nine months pregnant.

Also read: Ashoka University associate professor Mahmudabad sent to judicial custody

“Having regard to the contents of the two online alleged offending posts, which have led to registration of two FIRs against the petitioner, we are satisfied that no case of staying the investigation is made out. However, to understand the complicity and for the proper appreciation of some of the expressions used in these two online posts, we direct the Director General of Police Haryana, to constitute an SIT comprising three IPS officers, who are three directly recruited IPS officers who do not belong to the state of Haryana or Delhi,” Justice Kant said while dictating the order.

“The SIT shall be headed by an officer in the rank of Inspector General of Police or above and all the other members will be officers in the rank of Superintendent of Police and above. One of the members of the SIT will be a woman IPS officer,” he added.

Conditions for bail

Besides furnishing bail bonds, the Court also directed Mahmudabad to “not write any online posts, article or make any oral speech related to both the online posts which are subject matter of investigation”.

“He is also restrained from expressing any opinion on the issues relating to the conflict recently faced by India in relation to the terrorist attack on Indian soil or the counter-response given by our nation,” the bench said.

Also read: Ashoka University faculty seeks immediate release of arrested teacher

Justice Kant also took strong objection to the statements of support for Mahmudabad by the academic fraternity.

“It is not acceptable to us that some so-called private universities, they open and then all kind of elements join hand there and they start making irresponsible statements. We know then how to deal with that. They are not outside our jurisdiction,” he said.

Trying to gain “cheap publicity”

The hearing began with Sibal reading Mahmudabad’s post from May 8, calling it “a highly patriotic statement”. However, Justice Kant interjected the reading, asking, “Is it the time to talk of this much communal outbursts?”

The part of the post which drew this comment from Justice Kant was: “I am very happy to see so many right-wing commentators applauding Colonel Sophia Qureishi, but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP’s hate mongering be protected as Indian citizens…”

Justice Kant accused Mahmudabad and others of trying to gain “cheap publicity”. “The country has faced a big challenge. The monsters came all the way from a different jurisdiction, attacked our innocent people. And at that time when we are united, there is somebody trying to… we are not saying him. There are other people also, unfortunately. Why they are trying to gain cheap popularity on this occasion?” he said.

Also read: Politicians, lawyers, academics speak out against Ashoka University teacher’s arrest

Only rights, no duty

He also said people only spoke of rights and forgot their duty to the nation.

“We do not know what is happening in the society… Where is the duty to protect the other? Everybody talks of rights. I have a right to do this, I have a right to do this. As if the whole country from last 75 (years) is only distributing rights without telling what is your duty for the nation,” said Justice Kant.

“This is called as, if we understand in law, this is called as dog-whistling,” he added.

Words seem to have “dual meaning”

While agreeing that “some of the opinions” given by Mahmudabad were “not offending to the nation as such”, Justice Kant said it was “unfortunate” when the “choice of words is deliberately made to insult, humiliate or some kind of discomfort to the other party”.

“You could convey these very feelings in a very simple language without hurting anyone. You have a right to expression but please keep the sentiments of the others also in mind. Have some respect for them also. Use such a terminology which is simple, respectful and very neutral kind of language,” he said.

Also read: Ashoka University associate professor remanded in 2-day police custody

Justice Kant said Mahmudabad’s “projection” was being anti-war but some words seemed to have “dual meaning”.

“Prima facie it appears that they are targeted. This is also a kind of a missile, left towards north side, but intending to attack on south side… But these are all a matter of investigation,” he said.

“Where is the insult?”

Justice Kant, did, however, ask ASG Raju where the complaint against insulting women was made out as alleged by the Haryana State Commission for Women (HSCW).

“Where is he, according to you, making an abortive attempt to insult our women officers? Where is that part of the statement? Because FIR by this Commission says he is insulting this, that. That FIR unfortunately is a draft document by some lawyer… Has he directly or indirectly attempted to even remotely insult our women army officers? Because that would require a very serious kind of consideration,” he said.

Also read: Ashoka University professor's colleagues keep watch at police station in shifts

ASG Raju responded by saying Mahmudabad had said “something about Sophiya Qureshi”.

University welcomes development

Raju also opposed the bail and said the Haryana police were “in the process of gathering some more incriminating material by way of police remand”.

Justice Kant said, “If the SIT scope investigating agency finds any other incriminating material against the petitioner, it shall be at liberty to place it on the court and seek modification of the interim order.”

Ashoka University welcomed the development. In a statement, it said, "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 had earlier distanced itself saying it was the opinion of an individual.