The Supreme Court on Wednesday, May 21, granted interim bail to Ashoka University Professor Ali Khan Mahmudabad in the Haryana Police FIR over his social media posts about ‘Operation Sindoor.’ He was arrested on May 18, has been two days in police remand and judicial custody since yesterday.
However, the Court refused to stay the investigation, reported LiveLaw. Moreover, the Court also directed the Haryana DGP to constitute a Special Investigation Team comprising senior IPS officers, who do not belong to Haryana or Delhi, to investigate and understand the true meaning of the post. One officer of the SIT should be a woman. The SIT should be constituted within 24 hours, stated the court. The SIT should be headed by an IG rank officer and the other two members must be of SP rank. The matter will now be heard on Friday.
#BREAKING| SC Refuses to stay investigation against @AshokaUniv Professor
SC : having regard to two online posts have led to FIR registration, we are satisfied that NO CASE OF STAYING THE INVESTIGATION IS MADE OUT . But to have understanding of the propensity of the word use,…
— Live Law (@LiveLawIndia) May 21, 2025
Imposing some conditions for grant of interim bail, the Court restrained Ali Khan Mahmudabad from writing any posts or articles in relation to the social media posts which are subject matter of the case or from expressing any opinion in relation to the terrorist attack on Indian soil or the counter-response given by India. The Court also directed him to join and fully cooperate with the investigation. He has been directed to surrender his passport. The bench of Justice Surya Kant and Justice NK Singh clarified that the interim bail has been granted to facilitate further investigation.
After the order was dictated, senior advocate Kapil Sibal, for the petitioner, requested the Court to restrain the registration of further FIRs on the same issue. “Nothing will happen,” Justice Kant orally said. Justice Kant orally asked the State of Haryana to ensure that. The State was granted liberty to place on record any further incriminating materials they discover during the course of the investigation.
Bench queries the petitioner’s posts during the hearing
At the outset, senior advocate Kapil Sibal, drew the bench’s attention to Mahmudabad’s comments posted on his Facebook and Instagram profiles. He read out the comments to the bench. “This is a highly patriotic statement,” Sibal said.
Referring to Mahmudabad’s comments about “right-wing commentators applauding Colonel Sofiya Qureshi” and his statement that right-wing commentators must equally express concerns for victims of mob lynching, bulldozing etc., Justice Kant said, “So after commenting about war, he turned to politics!”
“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?” Justice Kant remarked.
Sibal, agreeing that Mahmudabad’s comments could have waited till May 10, however, asked what was the criminality in his comments.
“Everybody talks about rights. As if the country for last 75 years was distributing rights!” Justice Kant said.
Petitioner’s comments ‘dog-whistling’, he should have used ‘neutral and respectful’ language : Justice Surya Kant
About the petitioner’s comments, Justice Kant said, “This is what we call in the law – dog whistling!””Some of the opinions are not offending to the nation as such. But while giving an opinion, if you….” Justice Kant said.
“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” Justice Kant said.
Sibal said that the comments had no “criminal intent”. He highlighted that the petitioner said that the press briefing of Operation Sindoor showed that the logic on which Pakistan was built has failed, and that the post ended with “Jai Hind.” He also added that the petitioner’s wife is nine months pregnant and expecting child delivery soon.
Justice Kant asked Additional Solicitor General SV Raju, representing the State of Haryana, if the comments had the effect of insulting women army officers. Justice Kant said 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.,” he said.
ASG Raju said that the post was not as innocent as projected by Sibal
On May 20, a local court in Sonepat, Haryana sent Mahmudabad to judicial custody. While so ordering, the court rejected the State Police’s request for his 7-day custody. On May 18, the Magistrate had remanded the Professor to police custody for two days.
Mahmudabad has been charged with offences under Section 196, 152 etc., of the Bharatiya Nyaya Sanhita (BNS), inter alia, 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. He has also been summoned by the Haryana State Commission For Women which is headed by Renu Bhatia.
Detailed Background
Dr. Ali Khan Mahmudabad, associate professor and head of the Political Science department at Ashoka University, was arrested on Sunday, May 18, in Delhi for his social media commentary on India’s recent military action dubbed Operation Sindoor. His arrest follows two First Information Reports (FIRs) filed in Haryana and stems from allegations of inciting secession, insulting religious beliefs, and undermining national unity.
The arrest was made based on complaints filed by Renu Bhatia, chairperson of the Haryana State Commission for Women, and Yogesh Jatheri, the village sarpanch of Jatheri and general secretary of the BJP Yuva Morcha in Haryana.
He was charged under several sections of the Bharatiya Nyaya Sanhita, including:
- Section 152– Act endangering the sovereignty, unity, and integrity of India
- Section 353– Statements conducing to public mischief
- Section 79– Word, gesture, or act intended to insult the modesty of a woman
- Section 196(1)(b)– Promoting enmity between different groups on religious grounds
- Section 197(1)(c)– Assertions prejudicial to national integration
- Section 299– Malicious acts intended to outrage religious feelings
According to Sonipat DCP (Crime) Narinder Kadian, Mahmudabad was produced before a local court and remanded to two days’ police custody for investigation.
Widespread support for professor Mahmudabad
Students and faculty of Ashoka University came forward in widespread support and solidarity against his arrest that has been widely criticised the country over. Fellow teachers and professors even maintained a vigil outside the police station ensuring that all medication etc reached the arrested academic in time.
SC order can be read here.
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