Ashoka University professor challenges arrest, Supreme Court to hear plea

The Supreme Court has agreed to hear a petition challenging the arrest of Ashoka University professor Ali Khan Mahmudabad over his remarks on Operation Sindoor

The Supreme Court on Monday agreed to hear a petition challenging the arrest of Ashoka University professor Ali Khan Mahmudabad by the Haryana Police. The arrest stems from his comments on “Operation Sindoor,” which have been alleged to disparage women officers in the Indian Armed Forces and promote communal disharmony.

 

Senior Advocate Kapil Sibal, representing Mahmudabad, brought the matter before a two-judge bench led by Chief Justice of India (CJI) BR Gavai. Sibal urged the court to list the matter for May 21, stating, “A professor of Ashoka University has been proceeded against for entirely patriotic statements.”

 

While the Chief Justice acknowledged the urgency of the plea, he said the exact date for the hearing would be known once it is officially listed.

 

 

Professor Mahmudabad is facing two separate FIRs filed at the Rai Police Station in Sonipat district, Haryana. The complaints were lodged by Renu Bhatia, Chairperson of the Haryana State Commission for Women, and Yogesh Jatheri, the sarpanch of Jatheri village and General Secretary of the BJP Yuva Morcha in Haryana.

 

 

Jatheri’s complaint has led to charges under the Bharatiya Nyaya Sanhita (BNS), including Section 196(1)B (promoting enmity between different groups on grounds of religion), 197(1)C (assertions prejudicial to national integration), 152 (acts endangering the sovereignty, unity, and integrity of India), and 299 (malicious acts intended to outrage religious feelings).

 

The FIR based on Bhatia’s complaint includes charges under BNS Sections 353 (statements conducing to public mischief), 79 (word, gesture or act intended to insult the modesty of a woman), and 152.

 

In a statement issued on Sunday, Ashoka University confirmed the arrest: “We have been made aware that Prof Ali Khan Mahmudabad has been taken into police custody earlier today. We are in the process of ascertaining details of the case. The University will continue to cooperate with the Police and local authorities in the investigation, fully.”

 

The controversy stems from Mahmudabad’s social media posts following “Operation Sindoor” on May 7. On May 12, the National Commission for Women (NCW) took suo motu cognisance of his remarks and issued a notice, annexing the comments to a show-cause order. The Commission summoned Mahmudabad, stating that his statements appeared to “vilify national military actions”.

  Responding to the notice, Mahmudabad issued a statement to the media on May 14, stating that his words were “completely misunderstood.” He also challenged the NCW’s authority in the matter, stating that the Commission had “no jurisdiction whatsoever.”