SC grants interim bail to Ashoka professor, raps him for 'choice of words'

Ashoka University's Associate Professor Ali Khan Mahmudabad gets interim bail amid Operation Sindoor post row, with Supreme Court ordering SIT probe

The Supreme Court on Wednesday ordered the immediate release of Ashoka University professor Ali Khan Mahmudabad, who was arrested for his controversial social media post over 'Operation Sindoor'. While extending relief, the court criticised Mahmudabad’s “choice of words” and directed the formation of a special investigation team (SIT) to probe the matter. 

Following the court’s decision, Ashoka University issued a statement saying, “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.” 

A bench of Justices Surya Kant and Sanjay Kishan granted interim bail to Mahmudabad, who is the Associate Professor and Head of the Political Science Department at the Haryana-based university. The court said his release would be subject to the furnishing of bail bonds to the satisfaction of the Chief Judicial Magistrate (CJM), Sonipat. 

 

The court emphasised that Mahmudabad must refrain from making any online statements or publishing any articles related to the subject of the ongoing investigation.

 

Senior Advocate Kapil Sibal appeared on behalf of Mahmudabad, arguing for his release and asserting his right to free speech under Article 19 of the Constitution. 

Supreme Court questions Mahmudabad's 'choice of words'

While acknowledging the petitioner's right to free speech, Justice Kant said, as quoted by Bar and Bench, “Yes, everyone has the right to free speech and expression... But is this the time to talk about all of this? The country is already going through so much. Monsters came and attacked our people — we have to be united. Why seek cheap popularity on such occasions?”

 

Justice Kant said that it was "very unfortunate" for a society with free speech when choice of words is deliberately made to insult, humiliate and to cause discomfort to the other side. 

 

"He should not have a lack of dictionary words to use. He can use a language which does not hurt the sentiments of others," he said, as reported by Bar and Bench.

 

He further criticised the role of educational institutions, stating, “It is not acceptable to us that some so-called private university opens and then starts making any sort of statements. They are not out of our jurisdiction.” 

Additional conditions for bail

The apex court specified that a single set of bail bonds would suffice for both FIRs registered against him.

 

The Supreme Court imposed additional conditions while granting bail:

1. No article or online post is to be written or published, nor any speech delivered, on the issues under investigation in this case.
2. The petitioner is restrained from making any comment on the recent crisis faced by India, specifically the terrorist attack on Indian soil or the counter-response by the nation.
3. The petitioner must surrender his passport to the relevant authorities.

SIT to be formed within 24 hours

The Supreme Court clarified that the bail was granted to enable a Special Investigation Team (SIT) to carry out its probe effectively. The court directed that the SIT be constituted within 24 hours and that Mahmudabad must fully cooperate with the investigation. “If any other material is unearthed, the SIT can look into it,” the bench added.

Professor Mahmudabad social media posts and arrest

Professor Mahmudabad was arrested on May 18 over social media remarks on Operation Sindoor, India’s strikes on terror camps in Pakistan and Pakistan-occupied-Kashmir (PoK). Two FIRs were filed against him for allegedly criticising the Army and making derogatory comments about two women officers, Colonel Sofia Qureshi and Wing Commander Vyomika Singh, involved in media briefings.

 

In his post, he referred to the appearance of two women officers at a press briefing as “optics” and “just hypocrisy”.

 

His remarks drew sharp criticism and were seen as insulting to women in uniform. The Haryana Women’s Commission took suo motu cognisance, and the complaint was filed by a BJP Yuva Morcha leader. Meanwhile, the Ashoka University Faculty Association defended Mahmudabad, calling the charges baseless.