On Wednesday, May 21, the Supreme Court granted interim bail to Ali Khan Mahmudabad, a professor at Ashoka University, who was arrested on May 18 by the Haryana Police over his social media posts related to ‘Operation Sindoor.’ He had been in custody since then.
However, the Court did not stay the investigation. Instead, it directed the Haryana Director General of Police (DGP) to form a Special Investigation Team (SIT) within 24 hours. This SIT must consist of senior IPS officers from outside Haryana and Delhi, and one of them must be a woman. The team has been tasked with investigating the case and understanding the true meaning behind Mahmudabad’s posts.
As part of the bail conditions, Mahmudabad is barred from making any further posts, articles, or comments related to the current case or about terrorist attacks and India’s response. He must also cooperate fully with the investigation. The Court clarified that the interim bail is intended to help facilitate the investigation.
Senior Advocate Kapil Sibal, representing Mahmudabad, requested the Court to stop further FIRs on the same issue. Justice Surya Kant responded by saying orally, “Nothing will happen,” and asked the State of Haryana to ensure that. The State still has the option to submit any new evidence it may find during the investigation.
During the hearing, Justice Kant raised concerns about Mahmudabad’s social media comments. Referring to his remarks about “right-wing commentators applauding Colonel Sofiya Qureshi” and asking them to show equal concern for victims of mob lynchings and bulldozings, Justice Kant commented, “So after commenting about war, he turned to politics!” He questioned the timing and tone of the comments, calling them potentially communal and inappropriate during a national crisis.
Sibal argued that while Mahmudabad’s comments could have been timed better, they were not criminal. He also read out a portion of Mahmudabad’s post, which concluded with “Jai Hind,” and said it had no criminal intent. He further mentioned that Mahmudabad’s wife is nine months pregnant.
Justice Kant remarked that the language used by Mahmudabad could be seen as “dog-whistling” — using coded language that could be offensive or divisive. He stressed that while free speech is a right, it should be exercised with sensitivity, especially during sensitive times. He noted that the professor could have expressed his views in simpler, more respectful language.
Additional Solicitor General SV Raju, representing the Haryana government, said the post was not as harmless as claimed. Justice Kant also questioned whether the comments insulted women officers in the army, adding that the matter would be further examined by the SIT.
Earlier, a local court in Sonepat had sent Mahmudabad to judicial custody and rejected the police’s request for a seven-day remand. Initially, he was in police custody for two days following his arrest.
Mahmudabad has been charged under the Bharatiya Nyaya Sanhita for offenses related to promoting communal disharmony, threatening national sovereignty, and insulting a woman’s modesty. The Haryana State Commission for Women, headed by Renu Bhatia, also issued a summons to him.
