
No curbs on Ashoka prof’s freedom of speech, but can't comment on cases: SC
Apex court bars Mahmudabad from expressing any opinion on the terrorist attack within Indian territory and retaliation by the Indian military
Refusing to modify the conditions under which Ashoka University Associate Professor Ali Khan Mahmudabad was granted interim bail, the Supreme Court on Wednesday (May 28) told him there were no curbs on his freedom of speech, adding that he was barred from posting anything online concerning the cases against him.
Mahmudabad was arrested by the Haryana Police on May 18 over his contentious social media posts regarding Operation Sindoor and was granted interim bail by the Supreme Court on May 21.
Restrictions on Mahmudabad
A partial working day bench of Justices Surya Kant and Dipankar Datta instructed Mahmudabad that he would not write any online post or article or make any speech related to either of the two online posts under investigation.
The bench also barred Mahmudabad from expressing any opinion on the terrorist attack within Indian territory and retaliation by the Indian military.
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Instructions to Haryana Police
According to a PTI report, the apex court said it was extending the interim bail granted to the professor and instructed the SIT to submit an investigation report on the next date of hearing.
The court asked the Haryana Police not to go “left and right” in the investigation and seek the “devices” that police said they would examine. It also asked Haryana Police to apprise it about its response to the National Human Rights Commission (NHRC) notice on the registration of FIRs against the professor.
The NHRC on May 21 said it had taken "suo motu cognisance" of a media report on the arrest of the professor, adding that "the report, which contains a gist of the allegations based on which he has been arrested, discloses, prima facie, that the human rights and liberty of the said professor have been violated".
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The backdrop
Mahmudabad was arrested by Haryana Police on May 18 based on two FIRs lodged against him alleging that his contentious social media posts endangered the sovereignty and integrity of the country.
The FIRs were lodged by Rai police in Sonipat district based on separate complaints filed by the chairperson of the Haryana State Commission for Women, Renu Bhatia and by a village sarpanch.
"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 as quoted by PTI.
(With agency inputs)