No bar on Ashoka Univ. prof’s right to speech but can’t comment on FIRs: SC

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 21 May that he will not write any online post, article or make any oral speech related to either of the two online posts which are the subject matters 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 response offered by the Indian armed forces.

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

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

"We direct that investigation of SIT shall be confined to contents of the 2 FIRs subject matter of these proceedings. The investigation report, before it is filed before jurisdictional court, be produced before this court. The interim protection to continue till further orders" the bench ordered.

The development followed senior advocate Kapil Sibal (appearing for Mahmudabad) expressing apprehension that the SIT may investigate other matters as well.

Sibal also raised the issue of authorities seeking access to Mahmudabad's digital devices, following which Justice Kant noted that the FIRs were already part of the record. "Both FIRs are matter of record. What is the need for devices? Don't try to expand the scope. SIT is free to form opinion. Don't go left and right," the judge told the Haryana AG.

The bench also asked Haryana Police to apprise it about their response to the NHRC (National Human Rights Commission) notice on the registration of FIRs against the professor.

On 21 May, the NHRC said it had taken "suo motu cognisance" of a media report in connection with the arrest. The rights panel 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".

Also on 21 May, the top court granted interim bail to the professor, who was arrested for apparently 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.

Haryana Police arrested Mahmudabad from his Delhi residence on 18 May after two FIRs were registered against him. His social media posts on Operation Sindoor, it was 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 Haryana's 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.

With PTI inputs