When the crime is not what you did but who you are.

On May 18, Ali Khan Mahmudabad, a professor at Ashoka University was arrested for his remarks about Operation Sindoor. He was booked under stringent sections of the new criminal law—including charges of endangering the sovereignty and integrity of India.

On 21st May, after 3 days of his arrest, he received an interim bail from Supreme Court, however, the court has remarked Khan’s comments as an attempt to gain “cheap popularity” and further called his words as “insulting” and “humiliating”.

However, if one takes even a glance at the piece (Facebook post) that was written by Khan, one would realise how almost 100% of it is actually appreciating the government of India and its Operation "Sindoor" against Pakistan. He has started the post with hailing India’s stance on anti-terrorism and called out Pakistan political class for harbouring and helping terrorists.

In his piece, he has only questioned the "right wing", mainly the internet accounts, first, for its war mongering without understanding the impact it would have on the people near borders and the poor, and second, calling out their hypocrisy of appreciating a Muslim woman giving operation briefing and Owaisi sloganeering "Pakistan Murdabad" but then staying silent or rather hailing attacks on Muslims in form of mob lynching, bulldozing of their houses and livelihoods etc.

At no point has Khan questioned the Government or the nation, nor he has supported Pakistan. And despite keeping a nationalist stance, he is slapped with accusations of "threatening the integrity of the nation" and was put in 14 days custody. In such an open and shut case where the accused is prima facie not guilty at all, the lower court refused to provide immediate relief.

What Khan’s case shows us again is how despite exercising utmost care in language, opinions, and references, Muslim voices are increasingly criminalized based solely on identity. Take, for example, Umar Khalid, who in his speeches during the CAA-NRC protests gave multiple references to Gandhi, called for peace, unity and every such non-offensive word and yet he is in jail for about 5 years now.

This shows that no matter how much you mince your words, moderate your criticism, a fascist state only sees your identity. With its heavy control over media and propaganda and with the lack of care on part of the people, they readily accept the narrative served to them, without inquiring further into what was said or its context.

Written by Theo