Supreme Court Grants Interim Bail to Ashoka University Professor Ali Khan Mahmudabad

The Supreme Court on Wednesday granted interim bail to Ashoka University professor Ali Khan Mahmudabad, who was arrested by Haryana Police over his social media posts concerning 'Operation Sindoor'. He had been in custody since 18 May. The bench, comprising Justice Surya Kant and Justice N.K. Singh, clarified that the interim bail had been granted to facilitate a more comprehensive inquiry.

While granting relief, the Court declined to stay the ongoing investigation. It directed the Director General of Police, Haryana, to constitute a Special Investigation Team (SIT) within 24 hours. The team must comprise senior Indian Police Service (IPS) officers from outside Haryana and Delhi. The Court also mandated that at least one officer on the SIT be a woman.

As part of the conditions for bail, Mahmudabad has been restrained from making any public statements or publishing articles related to his original social media posts. He is also barred from commenting on any terrorist attack on Indian soil or India’s subsequent response. The Court instructed him to fully cooperate with the investigation.

Following the ruling, Senior Advocate Kapil Sibal, representing Mahmudabad, urged the Court to restrict the registration of additional FIRs based on the same matter. In response, Justice Kant said orally, “Nothing will happen,” and requested the State of Haryana to ensure that no duplicate cases were initiated. However, the Court granted the State the liberty to submit any further incriminating material uncovered during the investigation.

At the outset of the hearing, Sibal drew the bench’s attention to Mahmudabad’s posts on Facebook and Instagram, reading them aloud in court. “This is a highly patriotic statement,” Sibal argued, highlighting remarks where Mahmudabad had referred to right-wing commentators applauding Colonel Sofiya Qureshi. Mahmudabad had further commented that these same voices should show concern for victims of mob lynchings and bulldozing incidents.

Justice Kant responded pointedly, saying, “So after commenting about war, he turned to politics!” He continued, “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 gain cheap popularity on this occasion?”

While Sibal agreed that Mahmudabad’s posts could have been timed better—suggesting they might have waited until after 10 May—he questioned the legal basis of the charges. “What is the criminality in his comments?” he asked.

Justice Kant also expressed scepticism about the wider use of “rights discourse”, saying, “Everybody talks about rights—as if the country for the last 75 years was distributing rights!” He further remarked that Mahmudabad’s language in the posts amounted to what legal circles call “dog-whistling”. “Some of the opinions are not offending to the nation as such. But while giving an opinion, if you…” he trailed off, implying certain implications of language.

In defence, Sibal argued that the posts lacked any “criminal intent”, pointing out that Mahmudabad had praised the Indian Army’s response and concluded his post with “Jai Hind”. He also mentioned that Mahmudabad’s wife is nine months pregnant and expecting to deliver soon.

Justice Kant then questioned whether Mahmudabad’s remarks were indirectly insulting to women army officers. He noted that the intent behind the professor’s comments remained a subject for detailed investigation. “The entire projection is that he is anti-war, saying families of army personnel and civilians in border areas suffer. But some words have double meanings too,” he added.

Additional Solicitor General S.V. Raju, appearing for the State of Haryana, contested the defence's portrayal of the post as harmless. He argued that it was “not as innocent as projected”.

A local court in Sonepat on Tuesday had remanded Mahmudabad to judicial custody after rejecting the police's request for a seven-day extension of custody. He had earlier been held in police custody for two days following his arrest. Mahmudabad faces charges under the Bharatiya Nyaya Sanhita, including provisions related to promoting communal disharmony, making inflammatory assertions, endangering national sovereignty, and using gestures or words intended to insult a woman's modesty. He has also been summoned by the Haryana State Commission for Women, chaired by Renu Bhatia.​