New Delhi: The Supreme Court on Wednesday observed that Ashok University Professor Ali Khan Mahmudabad could save two social media posts in two of his social media posts from using double-affected words in two of their social media posts, causing two FIRs against him in Haryana.
Although a bench of Justices Surya Kant and Nax Singh granted Mahmudabad interim bail in both cases, it did not return the investigation. Instead, it directed the Constitution of a Special Investigation Team (SIT) to nominate three IPS officers from Haryana Police Director General (DGP), including a female officer, as its members.
IPS officers will not be from either Delhi or Haryana. The committee, directed, should be led by a Inspector General of Police-Rank officer, while the other two officers should be Superintendents of Police.
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After going through the posts, the bench noticed that the petitioner should have used “neutral and respectable language”.
“This is what we say in the law – Dog CT!” Some opinions are not humiliated for the nation in this way. But giving an opinion, if you…. “Justice Kant said.
“When the choice of words deliberately causes humiliation, humiliation or discomfort to other individuals, the professor cannot lack dictionary words … He can express a lot of emotions in a simple language without hurting others. There is some respect for the feelings of others. Using a simple and neutral type of language, respecting others.”
“I can’t agree much on this, but no criminal intention,” Sibal presented, the professor did not say anything against a woman in her positions.
Interim bail, SC said, for each case, there will be accidental for certain conditions on bail bonds. These will be determined by the Chief Judicial Magistrate, Sonpat. Mahmudabad was also asked to surrender his passport.
In addition, SC stopped Mahmudabad from writing any position or article in relation to social media posts, which is about the case or from expressing any opinion regarding recent terrorist attacks or a counter-response of India.
The apex court also directed him to join the investigation and fully cooperate, while his bail had to specify that the investigation be made convenient.
After deciding the order, Sibal urged the apex court to control the registration of further FIRs on the same issue. “Nothing will happen,” Justice Kant said orally, asked Haryana to ensure this.
The bench gave Haryana freedom to record any more growing materials during investigation.
Initially, the bench admitted that the free speech was a fundamental right. But it felt that the time elected by Mahmudabad was not right to express his feelings when communal enraged.
“The country has faced a big challenge. The demons came all the way and attacked our innocents. We were living united. But at this point … why should we gain cheap popularity on this occasion?” Justice Kant said.
Although Sibal agreed that the comments could wait until May 10, after the declaration of the ceasefire, he demanded a denial of the allegations that were criminals.
To this, the bench said: “Everyone talks about rights. As if the country was distributing rights without duties for the last 75 years. Who would perform the duty to honor others?”
The court then represented Haryana and turned to Additional Solicitor General Swaraju. This asked him to point out the parts of the professor that insulted the women’s army officers.
The bench said, “Complete projection (of their positions) is that he is anti-war, families of army people, citizens in border areas, etc., suffer families of citizens, etc., but some words also have double meanings,”
Arrested on 18 May, Mahmudabad is in judicial custody.
The professor’s wife is pregnant and is likely to give any moment, Sibal said, saying that she is not in the university campus for two months and is living in Delhi.
The bench, which noted media reports, talked about possible opposition in the campus by university students, warned that this action could be initiated in the event of any such incident. “We know how to deal with them. These private universities, all types of elements are included here and start doing activities. They are not beyond our jurisdiction,” the bench said.
Ashok University welcomed the court order. “We provide relief and heart by Professor Ali Khan Mahmudabad and are being granted interim bail by the Hon’ble Supreme Court. It has provided great comfort to his family and all of us at Ashok University,” it said in a release issued within an hour of order.
Meanwhile, the National Human Rights Commission (NHRC) has taken cognizance of the case and sought a detailed report from the Haryana Police chief within a week.
(Edited by Tony Rai)
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