On May 18, Mahmudabad was arrested by the Haryana Police based on an FIR filed over his social media posts. He remained in custody until May 21, when the Supreme Court granted him interim bail.
NEW DELHI: 28th May: The Supreme Court of India has extended the interim bail given to Ali Khan Mahmudabad, a professor at Ashoka University, who was arrested by the Haryana Police over his controversial social media posts related to Operation Sindoor, India’s counter-terror response to the Pahalgam terror attack.
On Wednesday, the top court also asked the Haryana government to submit a status report on the investigation being carried out by the Special Investigation Team (SIT). The Haryana government informed the bench that the SIT has been formed and that Mahmudabad has joined the investigation.
The court directed the SIT to file its findings in a status report, which will be examined in the next hearing.
Earlier, Mahmudabad had moved the Supreme Court seeking protection from coercive action after an FIR was registered against him in Haryana. The court had granted him interim bail last Wednesday.
The bench led by Justices Surya Kant and N Kotiswar Singh had passed the order to release Mahmudabad, who was arrested for allegedly posting objectionable remarks on social media regarding Operation Sindoor.
A bench of Justices Surya Kant and Dipankar Datta stated clearly,
“See he can write and speak. No reservations. But only not with regard to subject matter of investigation.”
This means the restriction on Mahmudabad’s public expression is limited only to the ongoing police cases, and is not a blanket ban on his freedom of speech.
The Court refused to issue any new directions on Mahmudabad’s latest request to lift all restrictions. Instead, it said that the issue will be taken up again in the next hearing.
“Let it be for now. We will see on the next date. List after partial working days in July,” the bench said.
In a small relief for Mahmudabad, the Court ruled that the investigation being carried out by the Special Investigation Team (SIT) should not be a broad or open-ended probe. The SIT should only investigate the two FIRs already filed in connection with his Facebook post.
This decision came after the Haryana government indicated that they might need to search his premises and expand the probe. But the bench strongly opposed any attempt to broaden the scope of the investigation.
Justice Surya Kant firmly said,
“No, don’t turn this to left, right centre. Just focus on two FIRs.”
This direction was officially included in the written order of the Court, which stated:
“We order that investigation shall be confined to the two FIRs. The investigation report to be produced before this court. Let interim protection be extended.”
During the hearing, the Haryana government informed the Supreme Court that it would require access to Ali Khan Mahmudabad’s electronic devices for the investigation.
Haryana Govt: “We will need his device access my lord.”
Senior Advocate Kapil Sibal, representing Mahmudabad, quickly objected to this request and responded,
Sibal: “See this mylord. No, no, you, you, you are… they want the devices.”
Justice Surya Kant firmly interrupted the State’s counsel and made it clear that the investigation must remain focused only on the specific issues already discussed.
He said,
J. Suryakant: “Where is the question of devices? Don’t go left and right, stick to the matter.” (addressing Haryana government)
While granting relief, the court laid down strict conditions:
- Mahmudabad was not allowed to make any public statements about the recent terrorist attacks or India’s military response.
- He was asked to surrender his passport.
- The Director General of Police, Haryana, was directed to form a 3-member Special Investigation Team, including a woman IPS officer from outside the state, to investigate the matter.
Brief Facts:
On May 18, Mahmudabad was arrested by the Haryana Police based on an FIR filed over his social media posts. He remained in custody until May 21, when the Supreme Court granted him interim bail.
However, the Supreme Court refused to stop the investigation. Instead, the bench directed the Director General of Police (DGP) of Haryana to form a Special Investigation Team (SIT) with senior IPS officers from outside Haryana and Delhi.
This team was asked to “holistically understand the complexity of the phraseology employed and for proper appreciation of some of the expressions used in these two online posts.”
As part of his interim bail conditions, the Court ordered that Mahmudabad must not write any new posts or articles related to the original social media posts, nor express any opinion about the terrorist attack on Indian soil or India’s counter-response.
He was also directed to cooperate fully with the investigation and surrender his passport.
Mahmudabad’s legal team raised concerns that new FIRs could be registered against him for the same issue. In response, Justice Surya Kant told the Haryana government not to allow such repetition.
Justice Kant also criticised the language used by Mahmudabad in his posts, saying it amounted to “dog-whistling“.
The judge stated, “He could have used polite, respectful and neutral language, without hurting the sentiments of others.”
Referring to Mahmudabad’s comments about “right-wing commentators applauding Colonel Sofiya Qureshi” and urging them to also speak about “mob lynching, bulldozing, etc.“, the judge remarked, “So after commenting about war, he turned to politics!“
Justice Kant also issued a warning regarding students and teachers who had condemned Mahmudabad’s arrest, saying, “If they dare to do anything, we will pass an order.“
Mahmudabad is facing charges under the Bharatiya Nyaya Sanhita, including Section 196 and 152, among others. These relate to:
- Acts prejudicial to maintaining communal harmony
- Statements likely to cause disharmony
- Actions endangering national sovereignty
- Remarks or gestures insulting a woman’s modesty
In addition, the Haryana State Commission for Women, led by Renu Bhatia, has also summoned Mahmudabad over the matter.
