Contentious social media post: Ashoka University professor moves SC for release of passport
New Delhi: Ashoka University professor Ali Khan Mahmudabad, who was booked in May for some contentious social media posts on Operation Sindoor, has moved the Supreme Court seeking the release of his passport, which was deposited under a prerequisite condition for bail. A bench of Justices Surya Kant and Joymalya Bagchi said his plea for the release of his passport will be considered on November 18. Additional Solicitor General SV Raju, appearing for the Haryana government, said that if he wants to go abroad, he can do so after furnishing his itinerary. Senior advocate Kapil Sibal, appearing for Mahmudabad, said that if the state does not have any objection, they should release the passport. "What is the use of keeping it? They should release the passport," he submitted. The bench said the professor is not going abroad tomorrow and the application for the release of the passport can be considered on November 18.
Haryana Police had arrested Mahmudabad on May 18 after two FIRs were registered against him -- one based on a complaint by the chairperson of Haryana State Commission for Women, Renu Bhatia, and the other on a complaint by a village sarpanch -- by Rai police in Sonipat district. On May 21, while granting interim bail to Mahmudabad, the top court directed him to surrender his passport before the court of the chief judicial magistrate, Sonipat and asked him to fully cooperate with the investigation in the two FIRs. On August 25, the top court restrained the trial court from taking cognisance of a chargesheet filed by Haryana SIT in one of the FIRs against him. It has further restrained the trial court from framing any charges in the case. The SIT, constituted by the top court to investigate the two FIRs registered against Mahmudabad over his contentious social media posts, had informed the court that in one of them, it had filed a closure report, whereas in the other, a chargesheet was filed on August 22. Sibal has termed the filing of the chargesheet as "most unfortunate" and pointed out that he was booked under Section 152 of BNS (sedition), whose validity is under challenge before the apex court. On July 16, the top court questioned Haryana SIT's line of investigation in the case, saying "it misdirected itself". It had asked the Haryana SIT headed by a senior police officer to only confine itself to the two FIRs against Mahmudabad over his contentious social media posts and see if there was an offence, and submit its report in four weeks.
The top court had relaxed the professor's bail condition imposed on May 21 and allowed him to write posts, articles and express any opinion except on the sub judice case. On May 28, the top court said there was no impediment to the professor's right to speech and expression, but barred him from sharing anything online on the cases against him. The SC had made it clear that the subject matter of investigation was two FIRs lodged against the professor and asked the Haryana police not to go "left and right" in the investigation and seek the "devices", which the cops said they would like to examine. On May 21, the apex court, while granting him interim bail, refused to stay the investigation against him. The top court had also restrained the professor from expressing any opinion in relation to the terrorist attack on Indian soil or the counter-response given by the Indian armed forces. It had directed the three-member SIT to look into the FIRs against him. Mahmudabad was booked under BNS sections 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate actions aimed at insulting the modesty of a woman) and 196 (1) (promoting enmity between different groups on grounds of religion). His contentious social media posts on Operation Sindoor, it was alleged, endangered the sovereignty and integrity of the country. Several political parties and academicians had condemned the arrest.
