New Delhi

The Supreme Court on May 21 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. He was arrested on May 18 and has been in custody since then.

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.

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.

According to Bar and Bench, the Court said, "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.”

In addition to terms and conditions to be imposed, the Court also restrained Khan from making any further online posts or speeches on the issue. It imposed the following conditions on Khan:

- No article or online posts to be made and neither deliver any speech on the issues which are subject matter of this case.

- He is refrained from making any comments on the crisis recently faced by India, which was a terrorist attack on Indian soil, or the counter response given by our nation.

The Court also ordered Khan to surrender his passport.

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 the Inspector General of police and one of the members shall be a woman 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 the reasons are that families will suffer along with civilians. He also speaks of countries that manufacture war equipment that will benefit. Anyone conversant with such language can probe this because some words have dual meanings," the Bench opined.

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.

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. Some 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.

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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.