SC refuses to relax bail conditions imposed on Ashoka University professor Ali Khan Mahmudabad

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Ali Khan Mahmudabad, Supreme Court India, Operation Sindoor, Ali Khan Mahmudabad bail,Ali Khan Mahmudabad was arrested on May 18 following two FIRs over his social media posts on Operation Sindoor. (File photo)

The Supreme Court Wednesday refused to relax the conditions it had imposed while granting bail to Ashoka University Professor Ali Khan Mahmudabad over social media posts on Operation Sindoor.

The bench of Justices Surya Kant and Dipankar Datta told Senior Advocate Kapil Sibal that he can highlight the request when it hears the matter next. It also stated that the interim protection from arrest granted to Mahmudabad will continue till further orders.

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On the bail condition restraining Mahmudabad from writing social media posts on issues pertaining to the cases, Sibal said that it need not be mentioned. “These are mature people, he is an Oxford graduate,” the counsel said. However, the court said he should wait for some more time and remind the matter on the next date of hearing.

On being informed that the Haryana Police, in pursuance of the court’s direction, had formed a Special Investigation Team (SIT) comprising three IPS officers to investigate the matter, Justice Kant sought to know if the team had examined the contents of the posts. The bench told the counsel appearing for the state to produce the report once the investigation is complete.

Sibal, however, expressed the apprehension that the police may start investigating other things too. The court then directed that the SIT investigation shall be confined to the contents of the two First Information Reports (FIRs) which are the subject matter of the petition, and the report shall first be produced before it.

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The court also asked the Haryana state counsel whether the state had yet responded to the Human Rights Commission which had taken cognizance of the arrest. “We read that the Human Rights Commission has probably taken cognizance of the manner in which FIR was registered. Have you responded?,” Justice Kant asked, and told the counsel, “You tell us about that also.”

Mahmudabad was arrested on May 18 following two FIRs over his social media posts on Operation Sindoor which allegedly disparaged women officers in the Indian armed forces. On May 21, the top court granted him interim bail but declined to stay the investigation in connection with the FIRs. The court said his remarks amounted to “dog whistling”.

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