Two cases, two causes

Two cases in the Supreme Court have attracted special attention in the past few days. One is related to the remarks made by Madhya Pradesh minister and BJP leader Vijay Shah about Operation Sindoor. Shah’s controversial remarks about Colonel Sophia Qureshi’s presence at press conferences unsurprisingly sparked widespread criticism. The remark was that “PM Modi sent their own sister to avenge the terrorist act.” Despite the controversy, when the Madhya Pradesh government did not make any move to remove him from the cabinet or take any punitive action, the High Court itself asked the state police to register an FIR for creating enmity and hatred among the people. And despite a member of his own cabinet having insulted an army officer who had upheld the country’s pride in such a despicable manner, the chief minister of that state did not see anything wrong with it. Moreover, even when there was widespread criticism over the insulting remark, the cabinet just continued discussing what it should do. If someone they care about does anything wrong, they will discuss for days what action to take against it, and seek legal advice, and all this paperwork will be moving at snail's pace. In the end, they will do something as an eyewash. If it is an opponent, the proceedings will be swift.

Also read: NHRC issues notice to Haryana DGP over Ali Khan Mahmudabad’s arrest

When Vijay Shah approached the Supreme Court to quash the FIR filed as per the High Court order, the bench there too pulled him up. The court, which refused to see any politics in it, continued to take a tough stance in the proceedings. Although he was exempted from arrest for the time being, the state government was asked to appoint a special team of three senior IPS officers from other states for a serious investigation. One of them must be a woman. The team that has now been appointed must submit its report by the 28th of this month. It can be said that this happened only because of the timely intervention of the higher courts. However, Vijay Shah still remains a minister.

Also read: Academics criticise Ashoka University professor’s remarks as ‘Veiled misogyny

Meanwhile, the bail plea of ​​​​Associate Prof. Ali Khan Mahmudabad of Ashoka University in Haryana, who was arrested on Sunday for his statements related to Operation Sindoor, came before the Supreme Court. The Chief Justice agreed to hear the petition expeditiously at the request of the lawyers, and it was considered on Wednesday. Then a bench comprising Justices Suryakant and N.K. Singh granted interim bail with conditions. However, the court has not quashed the FIR. The court, which ordered that no new FIR be registered, also said that a special team of three senior IPS officers, including a woman officer, should be appointed to investigate the case by the 22nd.

The police was swift to take action against Professor Ali Khan on two frivolous complaints. A large section of social and human rights activists, academicians, and political leaders from different parts of the country came forward and submitted petitions against the arrest. The allegations were based on two social media posts. None of these are capable of causing riots or trouble in any way. However, Haryana BJP Yuva Morcha General Secretary and State Women's Commission Chairperson Renu Bhatia alleged in the complaint that the post in question is insulting to women serving in the military and indicates ill will in the government. Have the police taken any cases on these complaints? They say that the sovereignty and integrity of the country are being jeopardized and that it is creating enmity among the people.

Also read: SC orders SIT to probe minister’s remarks on Col Qureshi; stays arrest

In the recent past, the central government and the BJP governments have been using these against any political or ideological rival. This may appear novel for those who thought that the crime of sedition was removed from the revised penal laws in the new code of laws with Hindi names, for those who felt that the Supreme Court had frozen it, and for those who do not realise that they will use it as they see fit, whenever they want. Since the court has not fully gone into the merits of the case, the verdict will have to be awaited for the time being. In any case, on the one hand, the Supreme Court had to intervene approached and the court itself had to get action taken against a minister who has made clearly provocative and subversive comments. On the other hand, a political thinker has to apply to the same court for bail for a single reason, which the ruling party felt was at variance with the majority's chorus.

Also read: Post on Op’ Sindoor: Opposition slams BJP for professor’s arrest