At the time of publishing this article, the Supreme Court granted interim bail to Mahmudabad in connection with the Haryana Police FIR filed over his social media posts regarding ‘Operation Sindoor.’]
Opposing his further police custody in connection with his Facebook Post on ‘Operation Sindoor’, Ashoka University professor Ali Khan Mahmudabad yesterday submitted before the judicial magistrate of the Sonepat court that he has many friends in a foreign country, but it doesn’t imply that he has links with anti-national elements.
On the other hand, the Haryana Police sought his further custody for 7 days, submitting that it intended to probe his foreign visits. The Police also informed the Court that, pursuant to Khan’s ‘disclosure’ statement that he has visited 14 foreign countries, it was required to obtain records of his visits.
It was also apprised to the Court that his custody was required primarily for confrontation with the data, which is yet to be received from Forensic Lab, Panchkula and for the recovery of the passport from Lucknow.
Opposing his further police custody, Mahmudabad argued that he has already provided relevant bank details to the police and his phone and laptop have also been recovered, and passport details have been submitted. He also undertook to submit the original passport to the IO by 5:00 p.m. tomorrow.
It was also his contention that as a Cambridge scholar with friends abroad, but this fact can’t lead to the presumption that he has links with anti-national elements.
Against the backdrop of these submissions, the Judicial Magistrate Ist class, Sonipat, Azad Khan, refused to grant Khan’s custody to the police, observed thus:
“Considering the peculiar facts and circumstances, this Court is of the considered view that since the requisite details are yet to be received by Investigating Agency and police custody now can be sought in first 60 days of investigation as per Section 187(2) of BNSS which is a change in earlier provisions of Section 167 Cr.P.C which provided for police remand for first 15 days only.”
It may be noted that on May 18, the Magistrate had remanded the Professor to police custody for two days. Mahmudabad has already moved the Supreme Court challenging his arrest. The Top Court granted interim bail to Mahmudabad.
Mahmudabad is facing charges under the Bharatiya Nyaya Sanhita, inter alia, pertaining to acts prejudicial to maintaining communal harmony, making assertions likely to cause disharmony, acts endangering national sovereignty and words or gestures intended to insult a woman’s modesty.
He was also summoned by the Haryana State Commission For Women, which is headed by Renu Bhatia.