India’s top court granted bail on Wednesday to a professor arrested for commentating online about the military conflict with Pakistan but did not stop the investigation against him.
Ali Khan Mahmudabad, a political science professor at the private, liberal-arts Ashoka University, was arrested on Sunday over a Facebook post criticising those “mindlessly advocating” for war.
He also wrote that the “optics” of two women army officers who had held press briefings “must translate to reality on the ground otherwise it’s just hypocrisy”.
Mahmudabad since said his comments had been “misunderstood” and that he had exercised his “fundamental right to freedom of thought and speech”.
He is charged under multiple sections of India’s criminal code, including endangering the country’s sovereignty and using words or gestures with the intention of insulting the modesty of a woman.
While granting Mahmudabad bail, India’s Supreme Court said he should have avoided the “use of complicated words” which could “hurt individuals” and instead used “simpler words to convey his sentiments”.
The court also directed the formation of a special police team to probe his comments.
Mahmudabad was restricted from commenting on the India-Pakistan conflict or on the social media post that led to his arrest.
India and Pakistan agreed to a ceasefire last week after four days of intense exchanges of artillery, drones, and missiles.
The latest escalation between the nuclear-armed rivals came after 26 people were killed on April 22 in Indian-Occupied Kashmir. India, without investigation, blamed Pakistan for “backing the terrorists”, an allegation that Islamabad vehemently denied.
Amnesty International called his arrest “shameful” and accused authorities of “consistently misusing the law to target anyone who has a critical view”.
Mahmudabad’s post on May 8 referred to two women soldiers — including Muslim officer Sofiya Qureshi — who conducted army press briefings before the ceasefire and were praised for presenting the image of a united and progressive India.
He said he was “happy” that Hindu nationalist commentators were supporting the women, but that they could “equally loudly demand” the protection of “victims of the BJP’s hate-mongering” — referring to Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP).
Soon after, the government women’s rights commission in Haryana state summoned Mahmudabad over his comments.