Restrictions on speech have to be reasonable

The restrictions on free speech are meant to be reasonable so as to safeguard both national interests and individual liberties

The jarring arrest of Ashoka University professor Ali Khan Mahmudabad in Haryana over the weekend opened a bouquet of questions about freedom of speech, investigative overreach, and the role of government bodies in maintaining social amity. The interim relief granted by the Supreme Court to the academic on Wednesday unfortunately reinforces some of those questions, even as it upholds the importance of personal liberty. The top court did well in granting immediate relief to the professor of political science, ensuring that the legal process didn’t become a prolonged form of punishment for an offence that appeared vaguely outlined by the police. But its observations as well as the conditions attached to the interim bail were sharp. The court asked him to surrender his passport, restrained him from posting on the India-Pakistan conflict and the Pahalgam terror attack, refused to stay the investigation and instead formed a three-member special investigation team to “have understanding of the propensity of the words used” in his Facebook post.

Time and again, the top court has rightly lamented how the lower judiciary and prosecutorial agencies need to be more circumspect in using their powers of arrest. But signals emanating from the top influence this behaviour (PTI)

Moreover, the judges made a string of comments during the hearing, questioning the professor’s choice of words, saying they were used deliberately to humiliate, insult, or cause discomfort, suggesting the remarks seemed like “dog whistling”, asking if the statements were meant for “cheap publicity”.

The top court is right to underline that the fundamental right of speech and expression is not absolute. But the restrictions on free speech are meant to be reasonable so as to safeguard both national interests and individual liberties. Time and again, the top court has rightly lamented how the lower judiciary and prosecutorial agencies need to be more circumspect in using their powers of arrest. But signals emanating from the top influence this behaviour. Freedom of expression might not be absolute in India, but it is still valuable, and worth protecting.