The Supreme Court of India granted interim bail to Ashoka University professor Ali Khan Mahmudabad, an associate professor and Head of the Department of Political Science, while sharply criticising his social media post related to Operation Sindoor.
The court, presided over by Justices Surya Kant and N Kotiswar Singh, described the professor’s remarks as “dogwhistling” and an attempt to seek “cheap popularity,” raising concerns about the language used in his post.
Mahmudabad was arrested last week following a social media post commenting on Operation Sindoor, which led to charges under sections related to promoting enmity between groups and acts perceived as threatening national integrity and sovereignty. The case drew significant attention due to the professor’s academic stature and the involvement of the Haryana State Commission for Women, which filed a separate First Information Report (FIR) against him.
‘Only rights, no duty’: Supreme Court
During the hearing, Senior Advocate Kapil Sibal represented Mahmudabad, arguing that the professor’s post lacked criminal intent and was not meant to incite communal tension. However, Justice Surya Kant expressed strong disapproval of the timing and tone of the professor’s remarks, stating, “Yes, everyone has the right to free speech and expression… Is it 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 (do this) to get cheap popularity on these occasions?”
Justice Kant further emphasised the balance between rights and responsibilities, saying, “You should know what is happening. There is a right to free speech etc… where is the duty? As if the whole country for the last 75 years is only been distributing rights and no duty.”
The judge labelled Mahmudabad’s remarks as “dogwhistling,” adding, “Very unfortunate for a society with free speech when choice of words is deliberately made to insult, humiliate and cause discomfort to the other side. He should not have lack of dictionary words to use. He can use language which does not hurt sentiments of others, use neutral language.”
Sibal countered, stressing the professor’s personal circumstances and lack of malicious intent. “He was just hurt. His wife is 9 months pregnant, but he is in jail. Now a second FIR by Women’s Commission. What did he say against women?” Sibal argued, defending the professor’s post as an expression of concern rather than an attack.
The court acknowledged that Mahmudabad’s remarks were “anti-war,” noting, “He says that reasons are families will suffer along with civilians. He also speaks of countries that manufacture war equipment will benefit. Anyone who is conversant with such language can probe this… because some words have dual meanings.”
Conditions of Bail and SIT Investigation
While granting interim bail, the Supreme Court imposed strict conditions on Mahmudabad. He is prohibited from writing articles, posting online, or delivering speeches related to the case, commenting on the Pahalgam attack or Operation Sindoor, and he must surrender his passport. The court also declined to pause the ongoing investigation, stating, “No case of pausing the investigation is made out.”
To ensure a thorough and impartial probe, the bench directed the Director General of Police (DGP) of Haryana to form a Special Investigation Team (SIT) comprising three Indian Police Service (IPS) officers from outside Haryana or Delhi. “SIT shall be headed by the Inspector General of police and one of the members shall be a woman officer,” the court ordered, emphasising the need to carefully analyse the language used in Mahmudabad’s post.
Controversy over remarks on women in uniform
The professor’s troubles stem from two FIRs, one of which was filed by Renu Bhatia, chairperson of the Haryana State Commission for Women, in response to his comments about Colonel Sofiya Qureshi and Wing Commander Vyomika Singh, who were involved in Operation Sindoor briefings.
In his post, Mahmudabad had written, “I am happy to see right-wing commentators applauding the Colonel… but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing, and others who are victims of the BJP’s hate mongering be protected as Indian citizens. The optics of two women soldiers presenting their findings is important but optics must translate to reality on the ground otherwise it’s just hypocrisy.”
The Haryana State Commission for Women condemned the remarks, stating, “A review of Khan’s remarks raises concerns about the disparagement of women in uniform, including Col Qureshi and Wing Commander Singh, and undermining their role as professional officers in the Indian Armed Forces.”
Mahmudabad defended himself, asserting that his comments were misinterpreted. “I am surprised that the Women’s Commission, while overreaching its jurisdiction, has misread and misunderstood my posts to such an extent that they have inverted their meaning,” he said.
Ashoka University issued a statement expressing relief at the court’s decision. “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,” the statement read.
The next hearing is yet to be scheduled, but the court’s directive for a specialised investigation signals a cautious approach to resolving the complex issues raised by Mahmudabad’s post. For now, the professor is out on bail, but under strict conditions that limit his public engagement on the matter.
He also cannot make any remarks in connection to the Pahalgam terror attack and the subsequent hostilities between India and Pakistan. The court also ordered the professor to surrender his passport.
