Professor Ali Khan Granted Interim Bail by Supreme Court, but Investigation Continues
Professor Ali Khan: Professor Ali Khan Mahmoodabad of Ashoka University has been granted interim bail by the Supreme Court. However, the court refused to stay the investigation into the matter. The court also mandated the formation of a Special Investigation Team (SIT) to ensure an impartial investigation.
While granting bail, the court also raised pointed questions, suggesting that "freedom of expression is crucial, but there is a time and place for everything."
What is the Case About?
Professor Ali Khan recently became embroiled in controversy over a social media post. He is accused of posting a tweet deemed "against national security and social harmony" amidst the country's sensitive current situation. This tweet led to an FIR being filed and his subsequent arrest.
Kapil Sibal Argues Professor's Case in Supreme Court
Senior advocate Kapil Sibal argued the professor's case before the Supreme Court. He contended that the post in question stemmed from patriotic concerns and lacked any criminal intent.
Sibal stated that the comment was directed at those advocating war without consideration, not against the nation or the government.
The Court's Sharp Rebuke
During the hearing, Justice Suryakant sternly questioned the timing of the comment, stating that the country was facing a serious crisis, with attacks on its citizens. He questioned the need for such a socio-political comment, suggesting it might have been an attempt to gain cheap popularity.
Questions Raised on 'Dog-Whistling'
The Supreme Court also questioned the professor's choice of language and words. Justice Suryakant noted the use of words like "maya" and "sanket" (illusion and hint), suggesting their deliberate use to convey a coded message, a practice known as "dog-whistling"—using seemingly innocuous words to send a hidden message to a specific group.
Sibal's Argument: No Criminal Intent
Sibal argued that even if the statement had been made after the 10th, its essence would remain the same. He emphasized the absence of criminal intent, describing it as an opinion expressed by a responsible citizen.
He also highlighted the professor's Oxford University education and asserted that his comments aimed to unite, not divide, society.
Supreme Court: Where is the Duty in the Right to Expression?
The court concluded by observing that everyone invokes "freedom of expression" nowadays, but few discuss "duty." It emphasized that every right entails a responsibility, which cannot be ignored in the current sensitive circumstances.
Investigation to Continue, SIT to Oversee
The Supreme Court ordered that the investigation will proceed without hindrance. The SIT (Special Investigation Team) has been instructed to conduct a thorough investigation to ensure that no innocent person is punished and that any guilty party faces appropriate legal consequences.
