'Dog whistling': Supreme Court slams Ashoka University professor Ali Khan Mahmudabad's choice of words, grants him interim bail

NEW DELHI: The Supreme Court on Wednesday ordered the release of Ali Khan Mahmudabad , associate professor and head of the Political Science department at Ashoka University in Haryana, against his arrest over a social media post on Operation Sindoor . Further, it refused to stay the investigation against him.

The apex court granted interim bail to Mahmudabad subject to furnishing of bail bonds to the satisfaction of CJM, Sonipat.

'Why try to gain cheap popularity?'

The top court also ordered that he shall not write any online article or make any online speech related to both posts, which are subject matter of investigation.

A bench of Justices Surya Kant and N Kotisar Singh, while hearing the matter, slammed the professor and asked, "Why try to gain cheap popularity?"

'Dog whistling'

It also questioned Mahmudabad's choice of words and said they were used to humiliate, insult, and put others in discomfort.

"Although everybody has the right to freedom of expression, statements by Mahmudabad are what is called dog whistling in law," the top court added.

"At the time when so many things were happening in the country, where was the occasion for him to use these kinds of words which could be insulting, humiliating and putting others in discomfort. He is a learned man, he cannot be said to be short of words." it added.

SC orders to form SIT, directs professor to cooperate in probe

SC further directed Haryana DGP to constitute a three-member Special Investigation Team (SIT) within 24 hours and asked the associate professor to join the investigation and fully cooperate. The SIT will comprise three IPS officers, including a woman officer who would be from outside the state.

It restrained the professor from making any comments regarding terrorist attacks on Indian soil or the counter-response given by the nation. SC ordered that he shall surrender his passport.

What happened so far?

The Ashoka University professor was arrested on May 18 after two FIRs were lodged against him under stringent sections of the Bharatiya Nyaya Sanhita (BNS), including charges of endangering the sovereignty and integrity of India, for remarks made on social media about Operation Sindoor.

He was produced before a local court in Sonipat the same day and was initially remanded to two days of police custody. On Tuesday, the court sent him to judicial custody till May 27.

‘Misunderstood remarks’, says the professor

The case against Mahmudabad was triggered by complaints from the Haryana state commission for women (HSCW) and a local village sarpanch, both of which alleged that his posts were inflammatory and disrespectful.

In its letter dated May 16 to the state DGP, the HSCW said its complaint was based on “prima facie evidence and precedent.” The FIR was registered under several non-bailable sections of the BNS, including, Section 152 (Acts endangering the sovereignty or integrity of India), Section 196 (1) (Promoting enmity between groups on grounds of religion), Section 197 (Imputations prejudicial to national integration), Section 299 (Outraging religious feelings through deliberate and malicious acts), Section 79 (Insulting the modesty of a woman) and Section 353 (Statements conducing to public mischief).

Police said both FIRs were lodged at the Rai Police Station in Sonipat.

In his defence, Mahmudabad has said that his remarks have been "misunderstood" and highlighted his fundamental right to free speech.