SC's observations reminder that free speech comes with responsibility: BJP on Ashoka University case

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New Delhi, May 21 (PTI) The Supreme Court's observations during the hearing on Ashoka University professor Ali Khan Mahmudabad's contentious social media post case were a reminder that freedom of speech comes with responsibility, the BJP said on Wednesday.

Earlier in the day, the apex court granted interim bail to Mahmudabad, arrested for his social media post on Operation Sindoor, but refused to stay the investigation against him.

The bench of Justices Surya Kant and N Kotiswar Singh, which examined the online post by the professor, questioned his choice of words, saying they were used deliberately to humiliate, insult, or put others in discomfort.

It said though everybody had the right to freedom of expression, the remarks made by Mahmudabad, who heads the political science department in the Sonipat-based Ashoka University, seemed like "dog whistling", used in legal parlance.

Commenting on the development, BJP IT department head Amit Malviya wrote on X, "Supreme Court grants interim bail to Professor Ali Khan Mahamudabad, but raises serious concerns." He cited the observations that the apex court bench made during the hearing of the matter and said, "This isn't just about one individual. It is a reminder that freedom of speech comes with responsibility." "In moments when a nation stands vulnerable, unity becomes a form of strength. When fellow citizens risk their lives to protect your freedom, perhaps the least we can do is avoid remarks that divide or demoralise," Malviya said.

"Let us not confuse academic freedom with insensitivity. Let us stand for dialogue — but also for dignity,” he added.

The top court, while granting interim bail to Mahmudabad, directed the Haryana director general of police to constitute a three-member special investigation team (SIT) headed by an inspector general rank officer, also including a superintendent rank woman officer, within 24 hours to investigate the case.

The top court said the interim bail was granted to the petitioner to facilitate further investigation and directed Mahmudabad to surrender his passport.

"The choice of words is deliberately made to insult, humiliate or cause discomfort to others. The professor, who is a learned person, cannot lack a dictionary... he could have conveyed the very same feelings in a simple language without hurting others. He should have shown respect for the sentiments of others. He could have used a simple and neutral kind of language, respecting others," Justice Kant said.

The bench told his lawyer, senior counsel Kapil Sibal, "At the time when so many things were happening in the country, where was the occasion for him to use these kinds of words which could be insulting, humiliating and putting others in discomfort? He is a learned man; he cannot be said to be short of words." The bench went on to restrain the professor from posting on the recent India-Pakistan conflict any further and asked him to cooperate with the SIT investigation.

It also restrained him from posting on the Pahalgam terror attack.

"Everybody has a right to express himself. But is it the time to talk of it this much communal...? The country has faced a big challenge and is still facing it. Some monsters have come all the way from other jurisdictions and attacked innocent people. Entire country is staying united. But at this juncture… Why make such statements? Just to gain cheap popularity on this occasion?" Justice Kant said. PTI PK RHL