Today, On 18th November, The Supreme Court adjourned Professor Ali Khan Mahmudabad’s plea seeking the release of his passport, which is linked to remarks made on Operation Sindoor. The matter was deferred even though the Court had earlier fixed November 18 for the hearing.
New Delhi: The Supreme Court briefly addressed the petition submitted by Ashoka University professor Ali Khan Mahmudabad, who is contesting the FIRs filed by Haryana Police concerning his social media comments on “Operation Sindoor.”
The Bench, comprising Justices Surya Kant, Ujjal Bhuyan, and NK Singh, noted that Mahmudabad also requested the return of his passport, which he had surrendered as a condition of the interim bail previously granted.
When Advocate Nizam Pasha brought up this request, Justice Kant humorously remarked,
“This is not the right time to travel.”
The matter was subsequently adjourned. Notably, on October 27, the Court had scheduled today, November 18, for the hearing.
Previously, the Court granted Mahmudabad interim bail and ordered the formation of a Special Investigation Team (SIT) to review the two posts that led to the FIRs.
The bench later expressed concern about the SIT broadening the scope of its investigation, after discovering that investigators had seized Mahmudabad’s devices and were questioning him about his international travel over the past decade.
The Court directed the SIT to finish its investigation within four weeks.
In August, Haryana Police informed the Court that a closure report had been filed in one FIR and a chargesheet in another. The Court quashed the FIR associated with the closure report and issued an interim order preventing the magistrate from acknowledging the chargesheet in the remaining case.
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During prior hearings, lawyer Kapil Sibal raised concerns over the application of Section 152 of the Bharatiya Nyaya Sanhita (BNS), a provision intended to replace the old sedition law, noting that its constitutional validity is currently under examination by the Supreme Court.
Recently, the Supreme Court mandated that the SIT, established under its earlier orders, limit its investigation against Mahmudabad to the specific controversial posts related to Operation Sindoor. The SIT was instructed to complete its investigation within four weeks.
The Supreme Court also declined to dismiss two bail conditions imposed on Mahmudabad, who is under arrest by Haryana Police for his controversial comments on Operation Sindoor.
Specifically, the order granting him interim bail prohibited him from publishing any online posts, articles, or oral statements concerning the two posts under investigation, and from expressing opinions regarding terrorist attacks on Indian soil or the military’s response to such incidents.
Khan serves as an associate professor and head of the political science department at Ashoka University in Sonipat. In his tweet, he urged right-wing commentators who praised Colonel Sofiya Qureshi who led the media briefing on Operation Sindoor to equally call for the protection of victims of mob lynchings and other injustices perpetrated under the BJP’s divisive policies.
The tweet noted,
“For me the press conference was just a fleeting glimpse an illusion and allusion perhaps to an India that defied the logic on which Pakistan was built. As I said, the grassroots reality that common Muslims face is different from what the government tried to show…,”
Following a complaint by Yogesh Jatheri, a case was filed against Mahmudabad under Sections 196, 197, 152, and 299 of the BNS.
A second FIR was registered based on a complaint from Haryana Women’s Commission Chairperson Renu Bhatia and included charges under Sections 353, 79, and 152 of the BNS.
Khan had issued a statement on May 14, clarifying that his remarks had been “completely misunderstood” and asserting that the commission had “no jurisdiction whatsoever” in the matter.
He explained,
“Contrary to the allegations, my post appreciated the fact that the armed forces chose Colonel Sofiya Qureshi and Wing Commander Vyomika Singh for the press conference to highlight that the dream of the founders of our Republic of an India united in its diversity, is still alive.”
Case Title: Mohammad Amir Ahmad@ Ali Khan Mahudabad v. State of Haryana