The Supreme Court on Wednesday told Ashoka University professor Ali Khan Mahmudabad—arrested in connection with controversial social media posts related to Operation Sindoor—that while he retains his constitutional right to freedom of speech and expression, he must refrain from making any online comments regarding the ongoing cases against him.
A Bench comprising Justices Surya Kant and Dipankar Datta, which was functioning on a partial working day, declined to alter the conditions of the interim bail granted to Mahmudabad on May 21. Under the current bail terms, the professor is barred from posting any content online, publishing articles, or making oral statements concerning the two online posts that are the subject of police investigation.
The court also maintained its previous directive restraining Mahmudabad from expressing views on the terrorist attack on Indian soil or the Indian Armed Forces' response to it. During the hearing, the Bench extended the interim bail and instructed the Special Investigation Team (SIT) to submit its investigation report at the next hearing. Emphasising the scope of the inquiry, the court clarified that the investigation pertains strictly to the two FIRs registered against the professor. It cautioned the Haryana Police not to deviate from the core issues, urging them to remain focused and to clearly specify which electronic devices they seek to examine.
The Bench also asked Haryana Police to inform the court of their response to a notice issued by the National Human Rights Commission (NHRC) regarding the registration of the FIRs.
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On May 21, the NHRC had announced that it had taken suo motu cognizance of media reports concerning Mahmudabad’s arrest. The Commission observed that the details in the report—summarising the allegations that led to his arrest—appeared, on the face of it, to suggest violations of the professor’s human rights and personal liberty.
Earlier that day, the Supreme Court granted interim bail to Mahmudabad but declined to halt the ongoing investigation. The court had also ordered the formation of a three-member SIT to examine the FIRs filed against him.
Professor Mahmudabad was arrested on May 18 by Haryana Police following the registration of two FIRs linked to his social media posts on Operation Sindoor. Authorities claim the posts were detrimental to the sovereignty and integrity of India. The two FIRs were filed by the Rai police in Haryana’s Sonipat district—one based on a complaint by Renu Bhatia, Chairperson of the Haryana State Commission for Women, and the other by a local village sarpanch.
According to the police, the FIR based on Bhatia’s complaint invokes several provisions of the Bharatiya Nyaya Sanhita (BNS): Section 152 (acts endangering sovereignty or unity and integrity of India), Section 353 (statements conducive to public mischief), Section 79 (deliberate actions aimed at insulting the modesty of a woman), and Section 196(1) (promoting enmity between different groups on religious grounds).
The arrest has drawn criticism from several political parties and members of the academic community, who have condemned the action as an assault on academic freedom and free speech.
Also Read: Interim bail for Ashoka varsity prof, but SIT to expedite probe
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