New Delhi, May 21 (IANS) The Supreme Court on Wednesday granted interim bail to Ali Khan Mahmudabad, a professor of political science at Haryana-based Ashoka University, who was arrested by the state police over his remarks on Operation Sindoor.
A bench of Justices Surya Kant and N.K. Singh ordered the Haryana Director General of Police to constitute, within 24 hours, a Special Investigation Team (SIT) comprising three senior IPS officials, including a woman officer, to probe the matter.
Refusing to stay the investigation, the Justice Kant-led Bench remarked that it granted interim bail to Ali Khan to facilitate further investigation.
As per the order of the apex court, Mahmudabad would be released on interim bail upon surrendering his passport and furnishing bail bonds to the satisfaction of the lower court.
The top court also restrained the petitioner from posting any further online posts related to the present case or the recent India-Pakistan conflict.
Mahmudabad, 42, was arrested on a complaint filed by Yogesh Jatheri, the General Secretary of the BJP Yuva Morcha in Haryana.
A Sonipat court on Tuesday sent him to 14 days judicial custody.
An FIR was lodged against Mahmudabad under sections of the Bharatiya Nyaya Sanhita (BNS) pertaining to inciting armed rebellion or subversive activities and insulting religious beliefs. Also, sedition-like charges have been filed against him.
In a post on social media, Mahmudabad wrote: "I am very happy to see so many right-wing commentators applauding Colonel Sophi(y)a 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. The optics of two women soldiers presenting their findings is important, but optics must translate to reality on the ground, otherwise it’s just hypocrisy."
Haryana State Commission for Women Chairperson Renu Bhatia took suo motu cognisance of Mahmudabad's remarks, which were alleged to be disparaging toward women in the Indian armed forces and promoting communal disharmony.
The women's rights body had summoned the professor, but he failed to appear.
Later, he said the commission had "misread" his comment. "[I] am surprised that the Women's Commission, while overreaching its jurisdiction, has misread and misunderstood my posts to such an extent that they have inverted their meaning," Mahmudabad had said on X.
On Monday, the Supreme Court agreed to urgently list Ali Khan’s petition after senior advocate Kapil Sibal mentioned the matter before a bench headed by Chief Justice of India B.R. Gavai. In his writ petition filed under Article 32 of the Constitution, Mahmudabad said that his arrest violates his constitutional right to freedom of expression, and sought immediate release and quashing of charges, calling the arrest "unconstitutional, unnecessary, and oppressive".
--IANS
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