'There is right to free speech but where is duty?': SC pulls up Ashoka University prof while granting him interim bail

The bail was granted by a bench of Justices Surya Kant and N Kotiswar Singh.

In response to the arguments made by senior advocate Kapil Sibal who appeared for Mahmudabad, Justice Kant said as quoted by NDTV, "Yes, everyone has the right to free speech and expression... Is it the time to talk about all of this? The country is already going through all this... monsters came and attacked our people... we have to be united. Why (do this) to get cheap popularity on these occasions?"

When Sibal claimed the professor had no criminal intent, Justice Kant said, "You should know what is happening. There is a right to free speech etc... where is the duty? As if the whole country for the last 75 years is only distributing rights and no duty."

"Very unfortunate for a society with free speech when choice of words is deliberately made to insult, humiliate and cause discomfort to the other side. He should not have lack of dictionary words to use. He can use language which does not hurt sentiments of others, use a neutral language." (sic)

Noting the professor's words are "anti-war", the bench said, "He says that reasons are families will suffer along with civilians. He also speaks of countries that manufacture war equipment will benefit. Anyone who is conversant with such language can probe this... because some words have dual meanings."

Professor Mahmudabad, who was arrested over his post on Operation Sindoor, is an associate professor and Head of the Department of Political Science at Ashoka University located in Sonepat, Haryana.

The top court has directed Haryana DGP to form a Special Investigation Team (SIT) of three officers not belonging to Haryana or Delhi by May 22 for proper understanding of the terms used by the professor in the post.

The SIT should also include a woman officer, the court order.

The professor has been asked to surrender his passport to the Chief Judicial Magistrate, Sonepat, not to make any social media post or deliver public speech on the investigation and no comment on Pahalgam terror attack on Operation Sindoor.

The Haryana Police said it should be allowed to place evidence in the course of the probe to seek withdrawal of the interim bail.

The court asked Mahmudabad to cooperate with the probe.