New Delhi: The Supreme Court on Wednesday, May 21, granted interim bail to Ali Khan Mahmudabad, associate professor at Ashoka University, who was arrested over a Facebook post critical of Operation Sindoor press briefings.
“Everyone is asking for free speech, where is your duty?” the bench asked, adding, “Monsters came and attacked our country.” The court made it clear that while freedom of expression is vital, it must be weighed against the responsibility it carries, especially during times of national crisis, according to a report by ANI.
Mahmudabad was arrested by Haryana Police on May 18, reportedly without a transit remand, under Section 152 of the Bharatiya Nyaya Sanhita (BNS), a law meant to protect national integrity. He was accused of undermining public sentiment and promoting discord through his social media post.
SC Bars Professor From Online Commentary, Orders Passport Surrender
While granting bail, the SC directed that Mahmudabad surrender his passport and refrain from posting or speaking online about the content of the post under investigation. The court also barred him from making any statements on the Pahalgam terrorist attacks or India’s counter-terror operations, pending the inquiry. Bail was granted on the condition that he furnish bonds to the satisfaction of the Chief Judicial Magistrate, Sonipat.
In a strong move, the court also ordered the formation of a Special Investigation Team (SIT), to include three IPS officers, one of whom must be a woman from outside Haryana, to probe the matter. The SIT must be constituted within 24 hours, and Mahmudabad has been directed to fully cooperate with the investigation.
Mahmudabad’s post commented on the decision to present both female officers of two different religions, Colonel Sofiya Qureshi and Wing Commander Vyomika Singh who led the Operation Sindoor press briefing, and called it an ‘illusion’ of 'secular India'. The Haryana Women’s Commission took suo motu notice, accusing him of communal provocation.
Meanwhile, academics like Professor Apoorvanand condemned the arrest as “illegal,” citing Supreme Court rulings on arrest procedures. Mahmudabad, a published scholar and head of Ashoka’s Political Science department, maintains his words were “misunderstood” and warned against censorship disguised as nationalism.
