Ali Khan Mehmudabad Case: The ‘Larger-Message’ of the Supreme Court

At 12:15 pm, on May 21, the nation had come to know that Ali Khan Mehmudabad, Associate Professor of Political Science, Ashoka University, has been granted interim bail by the Apex Court Division Bench consisting Justice Surya Kant and Justice NK Singh. Ali Khan was accused Under Sections 196, 197, 152, 299 and 353, 79, 152 and 169 (1) of Bharatiya Nyaya Sanhita (BNS) in two FIRs, for 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.

Ali Khan was arrested on May 18, by Sonipat police, Haryana, from his residence in Greater Kailash, New Delhi, after FIRs were lodged against him by Yogesh Jatheri, Sarpanch and BJP Youth Wing general secretary and the other by Renu Bhatia, Chairperson of Haryana Womens Commission. Ali Khan firstly was under police remand for two days, and later was sent to judicial custody for 14 days by CJM, Sonipat,  Haryana. This all was in wake of his Facebook post on May 8 regarding Operation Sindoor, launched by India against Pakistan. His bail application was moved by senior advocate Kapil Sibal after he was asked by Samajwadi Party President Aklihesh Yadav. Ali Khan had also been spokesperson of SP.

Ali Khan case needs to be put into a broader perspective. He is the son of Amir Muhammed Sulieman Khan, the Raja of Mehmudabad and grandson of Amir Muhammed Ahmed Khan, who played a role in the making of Pakistan. His father, twice Member of Legislative Assembly (UP) contested his properties in India, bracketed under Enemy Property Act (1968), until Supreme Court, but Congress led UPA government and later BJP led NDA government snatched everything. It is no astonishment that BJP governments whether be in Delhi, Haryana or at the Center, may be prejudicial against him for the same core sentiment. The way Commissioner of Police, Sonipat, Nazneen Bhasin, was transferred at a click of a remote, at the behest of infuriated Renu Bhatia, smacks of the way the whole paraphernalia was involved.  Nearly everyone inside BJP is against him, alongside thousands of BJP influenced media cells/YouTubers and footsoldiers on social media platforms.

Ali Khan surely has been caught on the wrong foot. This is obviously due to the heightened sensitivity in the backdrop of India-Pakistan war, started on May 6/7, after the killings of civilians in a terrorist attack on April 22 in Kashmir. By May 10, about 8000 X-accounts in India had been blocked. Even The Wire was blocked for 12 hours. Eminent defence analyst of Force Magazine Praveen Sawhney’s video critical of India’s air strikes on Pakistan was deleted. Anuradha Bhasin, editor of Kashmir Times was blocked. Muzzammil Jaleel of Indian Express and Maktoob Media was done the same. Ali Khan should have exercised caution and instead taken to some media house route for his publication, unlike his lonesome post, if at all he was to make it!  He is a prolific academician and writer in all the mainstream newspapers at national and international levels, apart from having published books with Oxford University Press etc.

The government’s message from his arrest did not surprise anyone. What however, has come as a big surprise is the way SC made observations in the said order.  SC refused to stay the investigation and instead has ordered DGP of Haryana to constitute a Special Investigation Team (SIT) based on three senior Indian Police Services (IPS) officers, from outside Delhi and Haryana, one of which is to be a woman. SIT is to be headed by an IG rank officer and the other two members must be of SP rank. SC has directed to “holistically understand the complexity of the phraseology employed and for proper appreciation of some of the expressions used in these two online posts.” What does this mean? It shows that SC has taken a very serious note, which is now to be investigated, from every perspective of what is called as idiom and word, meaning and attribute, in all its substance and virtual symbolism! The SIT is headed headed by Additional Director General of Police (Crime) Mamta Singh, Ganga Ram Punia and Vikrant Bhushan as its members.

The bail prime condition is to fully co-operate with the investigation along with a restriction from writing anything further which concerns the case, or to express any opinion in relation to the terrorist attack on Indian soil or the counter-response given by India. Ali Khan’s passport has also been ordered for surrender.

Perhaps, Kapil Sibal deserves kudos to have got a restraint from SC for any further FIRs on the same issue. “Nothing will happen,” Justice Surya Kant orally did say and asked the State of Haryana to ensure that. Had it not done, there was to have been a barrage of fresh FIRs lodged! But, the SC has granted The State all liberty to place on record any further incriminating materials they discover during the course of the investigation. This stands for now that Ali Khan’s every aspect is to be put under the scanner.

The SC has in fact, instead of any aspect of freedom of speech, a fundamental right enshrined in Constitution, taken exception to Ali Khan’s post for his comments that “right-wing commentators must equally express concerns for victims of mob lynching, bulldozing etc., “So after commenting about war, he turned to politics!” Has not SC in a way signaled what exactly the government wants to hone?

Later, SC turns up to clearly term Ali Khan as communal. “Everybody has a right to express free speech. But is it the time to talk of this much communal…? The country has faced a big challenge. Monsters came all the way and attacked our innocents. We were staying united. But at this juncture.. why to gain cheap popularity on this occasion?” SC no doubt gave him a grievous insult as it castigated him for garnering cheap popularity! Actually an insult added to injury.

SC’s displeasure can easily be felt as it has found Ali Khan’s comments ‘dog whistling’ and smeared that “Everybody talks about rights. As if the country for last 75 years was distributing rights!” . SC clearly abandoned Ali Khan, as SC sought that he should have used ‘neutral and respectful’ language. “Some of the opinions are not offending to the nation as such. But while giving an opinion, if you….. “When the choice of words is deliberately made to insult, humiliate or cause discomfort to other persons, the learned professor cannot have the lack of dictionary words…he could convey the very same feelings in a simple language without hurting others. Have some respect for the sentiments of others. Use simple and neutral kind of language, respecting others.”

SC also asked Additional Solicitor General SV Raju, representing the State of Haryana, if the comments had the effect of insulting women army officers, and that the bona fides of the comment was a subject matter of investigation. “The entire projection is that he is anti-War, saying families of army people, civilian in border areas etc., suffer. But some words have double meaning also.,”

Thus, SC has summed-up its standpoint. It has upheld that Ali Khan was not neutral and was disrespectful which is clearly the FIR  line, and is now definitely to be the line-for-action for SIT to look forward into. SIT has been given a signal that words used had dual-meaning, which are now to be weaned and weeded out! The next is to see what SIT findings are to be.

No matter how much tongue-wagging is made on Ali Khan’s issue, SC has sealed it, until it reviews its own order. From now onwards, the Sword of Damocles is to continue to hang for a pretty long time.  Meanwhile, it is leant that National Human Right Commission under retired SC Justice Rama Subramanian has suo-moto issued a notice on the arrest of Ali Khan whose rights seem to have been violated. The human rights peddler in me compelled me to phone call him to offer my thanks.

Ali Khan, as per media latest reports, has been released from jail which is a welcome reprieve to his friends, relatives, human and civil right activists, teaching fraternity, and above all to his wife. Wish relief also comes to him soon.

The writer is a former UP State Information Commissioner, a political analyst and an advocate.