No impediment on Ashoka University professor’s right to speech but can’t comment on FIRs: SC

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No impediment on Ashoka University professor’s right to speech but can’t comment on FIRs: SC

New Delhi, May 28 (PTI) 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.

“We direct that the investigation of the SIT shall be confined to the contents of the two FIRs which are subject-matter of these proceedings. The investigation report, which is filed before the jurisdictional Court, will be produced before this Court,” the bench said, adding that the interim protection shall continue till further orders.

It posted the matter for further hearing on July 16.

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.

The bench said it is extending the interim bail granted to the professor and directed the SIT to furnish the investigation report on the next date of hearing.

The top court made it clear that the subject matter of investigation was two FIRs lodged against the professor and asked the Haryana police not to go “left and right” in the investigation and seek the “devices”, which the cops said they would like to examine.

“Why do you have to go left and right? There are only two FIRs which are subject matter of investigation by the SIT. Why do you need devices from him? Although, the SIT is free to investigate the way it likes but don’t expand the scope of investigation,” the bench told the Haryana government counsel.

Senior advocate Kapil Sibal, appearing for Mahmudabad, said that this is how they (police) start their investigation and questioned the need for seizure of devices.

“He is a learned man. Kindly relax his bail conditions,” Sibal urged the bench.

The top court said it will not consider relaxation at this juncture but the court may consider at a later stage.

The top court noted that in compliance with the order dated May 21, 2025, a Special Investigation Team (SIT) comprising Mamta Singh, Additional Director General of Police, Crime and Commissioner of Police, Sonipat, Ganga Ram Punia, Superintendent of Police, Karnal and Vikrant Bhushan, Superintendent of Police, STF, Gurugram, has been constituted and the investigation is going on.

The bench also asked the Haryana Police to apprise it about their response to the NHRC notice on registration of FIR against the professor.

On May 21, the National Human Rights Commission (NHRC) said it has taken “suo motu cognisance” of a media report in connection with the arrest.

The rights panel has noted 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”.

On May 21, the top court granted interim bail to the professor, who was arrested for his contentious social media posts on Operation Sindoor, but refused to stay the investigation against him.

It had directed the setting up of a three-member SIT to look into the FIRs lodged against him.

The 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.

Several political parties and academicians have condemned the arrest. PTI MNL MNL KVK KVK

Category: Breaking News

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