Pro-Pak, obscene content: Supreme Court grants bail to college teacher; suspension to continue

The Supreme Court on Monday granted bail to a college teacher who is accused of posting anti-India and obscene content on social media..The Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi, however, clarified that the bail order should not lead to his reinstatement on the teaching job from which he had been suspended. The Court granted relief to the accused, considering that he has been in jail for six months in the case over social media posts."He is also purportedly named in two other cases where he alleged to have molested girl students at the workplace. Prosecution [is] to examine 4 witnesses. Trial conclusion will take some time. Petitioner is in custody since 6 months. Taking into consideration all such factors, let him be released on bail, subject to furnishing bail bonds. Let him be present in court for every hearing. This order shall not be construed as a ground for reinstatement of the petitioner and it is highly advisable that he is not, since there are allegations of acts against girl students," the Court ordered..The accused, Joynal Abedin, who was a professor at Gossaigaon College, had moved the top court after the Gauhati High Court in July declined to release him on bail.In a Facebook post, he is alleged to have said that “we are with the brother of Pakistani citizens” and that “we will be with them in future also." According to prosecution, the post was uploaded when tensions were high between India and Pakistan.The High Court had said that Abedin was a supporter of Pakistan and that he had violated his fundamental duties."On a plain reading of the Facebook message, it is clear that at this juncture, the petitioner supports Pakistan, not his own country. The petitioner has not complied with the directive principles as laid down in Article 51A of the Constitution of India," High Court Justice Parthivjyoti Saikia had observed..Abedin had then sought bail before the top court. Last month, the top court had taken a strong exception to his social media content and described him as a threat to female students, in view of allegations that he had stalked women and made obscene remarks against them as well online.However, the Court today noted that the trial against him would take time and proceeded to grant him bail."Let him be granted bail since trial will take time. But let college suspension remain.. since he was alleged to have committed obscene acts," CJI Kant said..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.