The Supreme Court on Wednesday addressed the case of Ashoka University professor Ali Khan Mahmudabad, accused of posting controversial social media content about Operation Sindoor. A vacation bench comprising Justices Surya Kant and Dipankar Datta clarified that while Mahmudabad’s right to free speech remains intact, he is prohibited from posting online about the ongoing cases against him.
The court declined to alter the interim bail conditions set on 21 May, which bar the professor from making online posts, writing articles, or delivering oral statements related to the two social media posts under investigation.
Additionally, the bench reiterated its earlier restriction preventing Mahmudabad from commenting on the terrorist attack on Indian soil or the Indian armed forces’ response.
The court extended Mahmudabad’s interim bail and instructed the Special Investigation Team (SIT) to submit its investigation report at the next hearing.
It also directed the Haryana Police to focus strictly on the two First Information Reports (FIRs) filed against the professor and avoid overreaching by seeking access to his electronic devices unnecessarily.
The bench further asked the police to update the court on their response to a notice issued by the National Human Rights Commission (NHRC) regarding the FIRs.
On 21 May, the NHRC took suo motu cognisance of a media report on Mahmudabad’s arrest, noting that the allegations suggested a prima facie violation of his human rights and liberty. The Supreme Court had granted interim bail to the professor on the same day but allowed the investigation to proceed, ordering the formation of a three-member SIT to probe the FIRs.
Haryana Police arrested Mahmudabad on 18 May following two FIRs filed in Sonipat district’s Rai police station. The FIRs, based on complaints by Haryana State Commission for Women chairperson Renu Bhatia and a village sarpanch, allege that Mahmudabad’s social media posts on Operation Sindoor threatened India’s sovereignty and integrity.
The charges include sections of the Bharatiya Nyaya Sanhita (BNS) related to endangering national unity, inciting public mischief, insulting a woman’s modesty, and promoting enmity between religious groups.
The arrest has drawn widespread criticism from several political parties and academics, who have decried it as an attack on free expression.