The Supreme Court on Wednesday granted interim bail to Ashoka University professor Ali Khan Mahmudabad in connection with his controversial social media post regarding Operation Sindoor. However, the court declined to stay the ongoing investigation into the matter.
A bench comprising Justice Surya Kant and Justice NK Singh criticised Mahmudabad sharply for the timing and nature of his remarks, describing them as "dog whistling" and an attempt to gain "cheap publicity." In its order, the court stated, “We direct the petitioner be released on interim bail. Having regard to the contents of two alleged offending online posts, we are satisfied that no case for staying the investigation is made out.”
Court orders formation of Special Investigation Team
The bench further directed the Director General of Police (DGP) of Haryana to set up a Special Investigation Team (SIT) within 24 hours for further probing the case. The SIT must consist of senior IPS officers who are neither from Haryana nor Delhi, and the team must include at least one woman officer. This was ordered to ensure an impartial and thorough investigation, especially considering the sensitive language and context of the posts.
“To understand the complexity and for proper appreciation of the language used in the post, we direct the DGP Haryana to constitute an SIT comprising three IPS officers who do not belong to Haryana or Delhi,” the court emphasised.
With reference to the Interim bail granted today by the Supreme Court to Professor Ali Khan Mahmudabad, Ashoka University, sharing the official statement from the university for your easy reference.
"We are relieved and heartened by Prof Ali Khan Mahmudabad being granted interim bail by the Hon’ble Supreme Court. It has provided great comfort to his family and all of us at Ashoka University."
Restrictions imposed on Mahmudabad
Along with granting bail, the court imposed several restrictions on Mahmudabad. The professor is barred from posting or making any public speeches related to this case. Additionally, he cannot comment on the Pahalgam terror attack or the ensuing hostilities between India and Pakistan. The court also ordered him to surrender his passport as a precautionary measure.
Mahmudabad was arrested on May 18 and placed in judicial custody for 14 days following a Haryana court order on Tuesday. His social media post was widely perceived as critical of the armed forces and disrespectful towards Colonel Sofia Qureshi and Wing Commander Vyomika Singh — the women officers who led the media briefings on Operation Sindoor.
Also Read: SC agrees to hear plea of Ashoka varsity professor against arrest
Supreme Court criticises professor’s comments
During the hearing, the Supreme Court did not hold back in condemning the professor’s statements. The judges said his remarks amounted to "dog-whistling" and criticised him for not using “neutral and respectful” language. The bench pointed out that while freedom of speech is a fundamental right, such sensitive times — especially during India-Pakistan tensions — are not appropriate for making comments that could be construed as provocative.
“The entire projection is that he is anti-war, highlighting the suffering of Army families and civilians in border areas. But some words have double meanings also,” the court observed. It questioned the timing of his remarks, stating, “Is it the time to talk about all of this? The country is already going through all this... monsters came and attacked our people. We have to be united. Why seek cheap popularity on these occasions?”
Arguments from legal representatives
Senior advocate Kapil Sibal, representing Mahmudabad, informed the court that the professor’s wife is nine months pregnant. However, the Additional Solicitor General contested the claim that the social media post was innocent or harmless.
The bench issued a stern reminder about responsibilities that accompany rights, saying, “You should know what is happening. There is right to free speech etc... Where is the duty? It is as if the whole country for the last 75 years has only been distributing rights and no duty.” Ashoka University expressed relief and optimism following the Supreme Court’s interim bail order for their professor. The institution said it felt “relieved” and “heartened” by the decision.
Meanwhile, the National Human Rights Commission (NHRC) took suo motu cognisance of Mahmudabad’s arrest, raising concerns about violations of his rights and liberty. The NHRC issued a notice to the Haryana DGP, seeking a detailed report within a week.
“The commission has noted that a news report, which contains a gist of the allegations on the basis of which he has been arrested, discloses, prima facie, that the human rights and liberty of the said professor have been violated,” the NHRC said in its statement.
Also Read: Ashoka varsity prof sent in 14-day judicial custody
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