Supreme Court Grants Interim Bail to Ashoka University Professor Ali Khan Mahmudabad; Directs to Form SIT to Probe in ‘Operation Sindoor’ Social Media Post

(Syed Ali Taher Abedi)

New Delhi, May 21: The Supreme Court on Wednesday granted interim bail to Ashoka University professor Ali Khan Mahmudabad, who was arrested by Haryana Police on May 18 over his social media posts regarding Operation Sindoor, a military action launched in response to a terrorist attack.

The bench, comprising Justice Surya Kant and Justice N.K. Singh, while hearing Mahmudabad’s plea challenging the FIR and his subsequent arrest, refused to stay the ongoing investigation. However, in a significant move, the court directed the Director General of Police, Haryana to constitute a Special Investigation Team (SIT) within 24 hours. The SIT must comprise senior IPS officers who are not affiliated with either Haryana or Delhi police forces, and at least one member must be a woman.

As a condition of bail, the court restrained Professor Mahmudabad from posting or publishing any content — including articles or social media commentary — related to the incident in question, or from expressing views on the terrorist attack or India’s military response. The court also directed Mahmudabad to cooperate fully with the ongoing investigation.

Senior Advocate Kapil Sibal, representing Mahmudabad, read out the professor’s social media comments before the bench, arguing that the posts were patriotic in nature and did not incite violence or communal discord. Sibal highlighted that Mahmudabad’s post ended with “Jai Hind“, asserting that the professor’s intent was not criminal.

However, the court took a cautious view of the language used. Justice Kant remarked that some comments could be interpreted as “dog whistling”, noting that while freedom of speech is a constitutional right, it should be exercised with responsibility and sensitivity, particularly during times of national crisis. “The choice of words matters,” he said. “One may convey their message in neutral, respectful terms without hurting public sentiment.

“We direct the petitioner to be released on interim bail subject to furnishing of bail bonds to the satisfaction of the CJM Sonepat. There shall be only one set of bail bonds for both FIRs.” The Apex Court in its order said that “

Justice Kant further added, “When the country is facing a major challenge, why provoke communal narratives for cheap popularity?”

The Haryana government, represented by Additional Solicitor General S.P. Raju, argued that while the comments may appear benign at first glance, they carried double meanings and had the potential to cause communal disharmony and offend public morality. He stated that the matter was under investigation to determine whether the posts amounted to an insult to the dignity of women army officers or undermined national unity.

The court also said that “Issue notice. Having regard to contents of two alleged offending online posts which led to FIRs Against Petitioner, we are satisfied that no case of staying the investigation is made out however to understand that the complexity and for proper appreciation of the language used in post, we direct DGP Haryana to constitute a SIT comprising of three IPS who do not belong to Haryana or Delhi. SIT shall be headed by Inspector General of Police and one of the members shall be a women officer, the order said.

The trial court in Sonipat, Haryana, had initially remanded Mahmudabad to two days’ police custody after rejecting the state police’s request for a 7-day remand. On May 20, the professor was sent to judicial custody.

Mahmudabad has been booked under provisions of the Bhartiya Nyaya Sanhita (BNS), India’s new penal code, including charges related to promoting enmity between groups, undermining national sovereignty, and insulting the modesty of a woman.

The Court further said that the “The Bonafide part can be subject matter of investigation. The entire protection is that he is anti-war. He says reasons are families will suffer along with civilians. He also speaks of countries who manufacture war equipment will benefit. Any one who is conversant with such language can probe this because some words have dual meaning”

Additionally, the Haryana State Commission for Women, chaired by Renu Bhatia, has summoned Mahmudabad in connection with the case.

Sibal also mentioned before the court that Mahmudabad’s wife is nine months pregnant, and the professor is expecting the birth of his child soon — a point that the bench appeared to take into consideration while granting relief.

The matter is likely to remain under close public and legal scrutiny, as debates around free speech, national security, and social responsibility intensify.