In a significant development, the Supreme Court of India granted interim bail to Professor Ali Khan Mahmudabad, the head of the political science department at Ashoka University, who had been arrested by the Haryana Police for a controversial Facebook post. The post, which commented on India’s military response to the April 22 Pahalgam terror attack—referred to as Operation Sindoor—had drawn significant attention and criticism, sparking legal action.
The Supreme Court bench, comprising Justices Surya Kant and N. Kotiswar Singh, issued an order for a three-member Special Investigation Team (SIT) to be constituted within 24 hours to investigate Mahmudabad’s case. The SIT will be led by a senior DGP-rank officer and include a woman IPS officer and two other senior officers who are not residents of Haryana. This decision comes amidst concerns over the fairness of the investigation, with the court emphasizing that the SIT should conduct a thorough and unbiased probe.
The Court clarified that the interim bail was granted only to facilitate the ongoing investigation. Mahmudabad was instructed to furnish a single bail bond for both FIRs against him and submit his passport before the Chief Judicial Magistrate in Sonepat.
Controversial Facebook Post and Arrest
Mahmudabad’s post, which praised the Indian military's restraint in the aftermath of the Pahalgam terror attack and cautioned against warmongering and performative patriotism, became the subject of controversy. The post was specifically criticized by the Haryana State Commission for Women, whose chairperson alleged that Mahmudabad had disparaged women officers, particularly Colonel Sofiya Qureshi and Wing Commander Vyomika Singh, who had briefed the media after the cross-border military strike.
As a result, two FIRs were filed against Mahmudabad: one by the State Commission for Women and another by a BJP youth leader from Haryana. Mahmudabad was arrested on May 18 from Delhi, sparking outrage over the perceived curtailment of free speech.
Court’s Remarks on Free Speech and Duties
During the hearing, the Court made pointed remarks about the balance between rights and duties in society, particularly with respect to academic discourse. The bench observed that “it seems like the country has only been distributing rights for the past 10 years,” referring to the importance of responsible speech in academia and public life. The Court also indicated that Mahmudabad's post, which contained "double meanings," should be interpreted by someone with "deep knowledge and understanding" of academic language.
Defense Argument
Senior advocate Kapil Sibal, representing Mahmudabad, defended the professor, arguing that there was no criminal intent behind the Facebook post, even though the timing of its publication could be questioned. Sibal emphasized that Mahmudabad's international travel—which the Haryana Police had sought to investigate—was for academic purposes and should not be treated with suspicion.
A Growing Controversy
Mahmudabad’s arrest has sparked widespread condemnation from academics, civil society groups, and free speech advocates, who view the action as an attack on academic freedom and freedom of expression. Critics have raised concerns that the case signals a dangerous trend of curbing free speech, especially for those in academia, and could set a troubling precedent for future actions against intellectuals and public figures.
(This story is published from a syndicated feed)