Posts on Operation Sindoor: SC to hear Ashoka varsity prof's plea against arrest on May 21

New Delhi: The Supreme Court would likely hear on Wednesday a plea of Ashoka University's faculty Ali Khan Mahmudabad against his arrest for his social media posts over Operation Sindoor.

The top court's case list shows a bench comprising Justices Surya Kant and N Kotiswar will be hearing the matter.

On May 19, senior advocate Kapil Sibal, appearing for the associate professor, mentioned the case for urgent hearing before a bench headed by Chief Justice B R Gavai.

Mahmudabad was arrested on May 18 after two FIRs were lodged under stringent charges, including endangering sovereignty and integrity, for his social media posts over Operation Sindoor.

He was produced before a local court in Sonipat on May 18 and was remanded in police custody for two days in a case registered on a complaint from the Haryana State Commission for Women (HSCW) filed a day before.

On Tuesday, the Sonipat court remanded him to judicial custody till May 27 after the completion of his police custody.

The HSCW recently sent a notice to him questioning the remarks, though Mahmudabad maintained they were "misunderstood" and underscored his fundamental right to freedom of speech.

Haryana Police said the two FIRs were lodged at the Rai Police Station in Sonipat -- one based on a complaint from the chairperson of Haryana State Commission for Women, Renu Bhatia, and the other on the complaint of a village sarpanch.

In a letter dated May 16 to the state DGP, the HSCW lodged a complaint for registration of an FIR against Mahmudabad "based on prima facie evidence and precedent".

"On the Commission chairperson's complaint, the FIR has been lodged against Professor Ali of Ashoka University 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)," police said.

The case was lodged under BNS Sections 152, 196 (promoting enmity between different groups on ground of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony), 197 (imputations, assertions, prejudicial to national integration) and 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs).

All sections are non-bailable.

Mahmudabad's remarks were annexed to the commission's notice, and in one of them, he purportedly said right-wing people applauding Col Sofiya Qureshi should demand protection for victims of mob lynchings and "arbitrary" bulldozing of properties.

The associate professor was alleged to have described the media briefings by Col Qureshi and Wing Commander Vyomika Singh as "optics".

"But optics must translate to reality on the ground, otherwise it's just hypocrisy," he added.

The commission previously said an initial review of Mahmudabad's remarks raised concerns about the "disparagement of women in uniform, including Col Qureshi and Wing Commander Singh, and undermining their role as professional officers in the Indian Armed Forces".

Wing Commander Singh briefed the media alongside Foreign Secretary Vikram Misri and Col Qureshi on Operation Sindoor.