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SC Grants Interim Bail To Ashoka University Prof In Op Sindoor Post Case, But Refuses To Stay Probe

The Supreme Court declined to halt the investigation against Ashoka University professor Ali Khan Mahmudabad for his Facebook post on Operation Sindoor but granted him interim bail.

The Supreme Court on Wednesday granted interim bail to Ashoka University professor Ali Khan Mahmudabad over his social media post on Operation Sindoor but refused to put a stay on the probe in the case.

The associate professor had moved the top court challenging the Haryana police's FIR over his Facebook post on Operation Sindoor and his arrest in the case by the cops. 

A bench of Justices Surya Kant and NK Singh hearing the matter, went through Mahmudabad's Facebook post dated May 8. 

Court Notes Post's Tone

Justice Surya Kant noted that the post's tone turns political after offering an opinion on the affects of war on civlians and army personnel etc, and questioned the timing of the post, as per a Live Law report. 

Appearing for Mahmudabad, Senior Advocate Kapil Sibal read out the post saying that the right-wing supporters are praising Col Sofiya Qureshi "but should also decry the bulldozing of houses, mob lynchings etc happening in the country." 

Colonel Sofiya Qureshi, Wing Commander Vyomika Singh, and Foreign Secretary Vikram Misri held the initial press briefings after Operation Sindoor

However, Justice Kant flagged the timing of raising the concern.  "Mr Sibal offcourse everyone has right to express....is it time to talk to of this much communal? The country has faced a big challenge, civilians were attack and at that time....why are they trying to gain popularity on this occasion?" the judge questioned. 

Court Directs To Form SIT  

The top court directed Haryana Director General of Police to constitute a special investigation team (SIT) to understand the "propensity of the word use" in the post. The SIT will have three officers, including one woman officer, not belonging to Haryana or Delhi. 

The court also directed Mahmudabad who is the head of the Political Science department at Ashoka University not to write any online article or make any online speech related to both posts which are subject matter of investigation. 

Mahmudabad has also been refrained from making any comment "in relation to the terrorist attack on Indian soil or the counter response given by our nation." 

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