FB post on Operation Sindoor: Supreme Court grants interim bail to Ali Khan Mahmudabad but refuses to stay FIR

The Supreme Court on Wednesday granted interim bail to Ashoka University's Ali Khan Mahmudabad in a plea challenging his arrest for a Facebook post on Operation Sindoor, the country's retaliatory strike against Pakistan for the Pahalagam terror attack..In his post, Khan had criticised Pakistan sponsored terrorism, denounced war and said that all the plaudits received by Colonel Sofiya Qureshi of the Indian Army, who had led India's press briefing, should reflect on the ground. He had also said that right wing supporters in India should speak up against mob lynching.A Bench of Justices Surya Kant and N Kotiswar Singh refused to stay the two first information reports (FIRs) registered by Haryana Police against Khan in the matter but released him on interim bail.The Bench said that Khan has not made out any case for stay on investigation."We direct the petitioner be released on interim bail subject to furnishing of bail bonds to the satisfaction of the CJM Sonepat. There shall be only one set of bail bonds for both FIRs," the Court ordered.Pertinently, the Bench proceeded to constitute a special investigation team to probe the matter in place of Haryana Police which is currently investigating the case.The SIT will not have officers from Haryana or Delhi, the Court further directed."Issue notice. Having regard to contents of two alleged offending online posts which led to Fir Against petitioner, we are satisfied that no case of staying the investigation is made out However to understand the complexity and for proper appreciation of the language used in the post, we direct DGP Haryana to constitute a SIT comprising of three IPS officers who do not belong to Haryana or Delhi. SIT shall be headed by Inspector general of police and one of the members shall be a women officer," the order said.During the hearing today, the Court also took strong exception to the language employed by Khan in his posts, saying it could have dual meanings."The bona fide part can be subject matter of investigation. The entire protection is that he is anti war. He says reasons are families will suffer along with civilians. He the also speaks of countries who manufacture war equipment will benefit. Any one who is conversant with such language can probe this Because some words have dual meanings," the Bench opined..The bail conditions set by the top court are: 1. Single Set of Bail Bonds: Only one set of bail bonds is required for both FIRs, to the satisfaction of the Chief Judicial Magistrate, Sonipat, Haryana. 2. Speech and Expression Restrictions:No online posts, articles, or speeches related to the two FIRs. No public opinion on the terrorist attack on Indian soil or the armed forces’ response. 3. Passport Surrender:The petitioner must surrender their passport before the Chief Judicial Magistrate, Sonipat. 4. Cooperation with Investigation:The Director General of Police must constitute a Special Investigation Team (SIT) within 24 hours.The petitioner must fully cooperate with the SIT. 5. Investigation Support Clause:The interim bail is meant to aid the investigation.If any incriminating material surfaces, the SIT/investigating agency can seek modification of the bail order..Senior Advocates Kapil Sibal and Sidharth Luthra appeared for Khan..Background.Mahmudabad was remanded to 2-day police custody on May 18 after the Haryana police arrested him from Delhi, following the registration of two separate cases. The FIRs were registered based on his remarks on Operation Sindoor over social media. .Operation Sindoor refers to India's cross-border military response to Pakistan, following the Pahalgam terror attack of April 22 that killed 26 civilians in India.In a Facebook post, Mahmudabad wrote that with Operation Sindoor, India had sent a message to Pakistan that, "if you don’t deal with your terrorism problem then we will!"He also went on to criticise those who blindly advocate war, noting,"The loss of civilian life is tragic on both sides and is the main reason why war should be avoided. There are those who are mindlessly advocating for a war but they have never seen one let alone lived in or visited a conflict zone ..."He further urged right-wing supporters praising Colonel Sofiya Qureshi - who led the media briefing on Operation Sindoor - to also speak up for victims of mob lynching and arbitrary demolitions of properties.He remarked that the "optics" of having Colonel Qureshi and Wing Commander Vyomika Singh lead the briefings should be reflected in real change on the ground, warning that otherwise, it amounts to mere hypocrisy..The first case against Mahmudabad was lodged based on a complaint by Yogesh Jatheri under Sections 196 (promoting hatred), 197 (imputations and assertions prejudicial to national integration), 152 (endanger the sovereignty, unity, and integrity of India), and 299 (culpable homicide) of the Bharatiya Nyaya Sanhita (BNS).The second first information report (FIR) followed a complaint by Haryana Women’s Commission Chairperson Renu Bhatia and included charges under Sections 353 (public mischief), 79 (insult to modesty), 152 of the BNS.The State Women's Commission had earlier termed Mahmudabad's social media comments as disparaging toward women officers in the Indian Armed Forces, adding that it also promoted communal disharmony.It had issued a show-cause notice as well to the associate professor. In a statement posted on X (Twitter), Mahmudabad said that the commission had completely misread his comments and inverted their meaning.On Tuesday Mahmudabad was produced before Judicial Magistrate Azad Singh. According to the sources present in the remand hearing, the police asked for custody of seven more days.However, the judge rejected the request and instead remanded Khan to judicial custody..Hearing today.Senior Advocate Kapil Sibal, appearing for Khan, said that Khan's post is a highly patriotic statement."He gave the consequences of the war on the family of army personnel etc and the he comes to politics," the Bench remarked."Whom is he addressing," the Bench queried."The media.. Karachi captured.. Lahore captured. Etc. He is addressing the right wing commentators," Sibal replied."Yea that is clear. He is addressing the commentators," the Bench noted.However, it said that while everyone has the freedom of speech and expression, the timing of such posts also matter and such occasions should not be used to garner publicity."Yes everyone has the right to free speech and expression. Is it the time to talk about all of this. Country is already going through all this. Country is faced all this. Monsters came and attacked our people. We have to be united. Why to get cheap popularity on these occasions," Justice Kant remarked."Where is the criminal intent?" Sibal asked."You should know what is happening. There is right to free speech etc..where is the duty. As if whole country for last 75 years is only distributing rights and no duty. With your academic standards Mr Sibal this is what is called dog whistling," Justice Kant remarked."He ends with Jai Hind," Sibal highlighted."These are opinion. Some are not offending to the nation. One can have an opinion. But while giving it.." the Bench remarked."He says though ceasefire is done some are still advocating for war justice," Sibal pointed out.However, the Bench was not impressed with the choice of words by Mahmudabad."Very unfortunate for a society with free speech when choice of words is deliberately made to insult humiliate and to cause discomfort to the other side. He should not have lack of dictionary words to use. He can use language which does not hurt sentiments of others and use a neutral language," Justice Kant said."But there is no criminal intent or trying to generate communal tension. He was just hurt. His wife is 9 months pregnant but he is in jail. Now second FIR by women commission. What did he say against women," Sibal asked.."Why have they not gone to HC," Additional Solicitor General (ASG) SV Raju said on behalf of Haryana."Valid objection. But now that the SC has registered this, tell us Mr Raju - where is the statement where he is insulting the women officers ? FIR by women commission says this and that. Something drafted by the lawyer.. show us where he is insulting the women army officers.. if so then it is serious," the Bench asked."Let me see the plea. He made some comments on Colonel Sofiya Qureshi," the ASG replied..[Read Order].[Read Live Coverage]