The Supreme Court on Wednesday extended the interim bail granted to Ashoka University professor Ali Khan Mahmudabad, arrested over his controversial social media posts on Operation Sindoor, while clarifying that there is no curtailment of his fundamental right to free speech—except in relation to the subject of the ongoing investigation.
A vacation bench comprising Justices Surya Kant and Dipankar Datta declined to modify the bail conditions set on May 21, which prohibit Mahmudabad from making any oral or written public statement — including online posts or articles — pertaining to the two social media posts that are under investigation.
The bench also reinforced that the professor cannot express any opinion related to terrorist attacks on Indian soil or the Indian armed forces’ counter-operations, stating, “There is no impediment on your right to free speech, but you cannot post anything relating to the ongoing investigation.”
The court directed the Special Investigation Team (SIT), which was constituted to probe the matter, to submit its investigation report on the next date of hearing. It also cautioned the Haryana Police to remain within the scope of the two FIRs filed against Mahmudabad, stating that the police should not “go left and right” in their probe. The bench instructed the police to specify what devices they intend to examine and to inform the Court about their response to the National Human Rights Commission’s (NHRC) notice regarding the arrest.
The NHRC had taken suo motu cognisance of the professor’s arrest on May 21, noting that the contents of the FIR appeared to prima facie indicate a violation of human rights and personal liberty.
Earlier, Mahmudabad was arrested on May 18 by Haryana Police after two FIRs were lodged against him in Sonipat district. The complaints were filed by Haryana State Commission for Women chairperson Renu Bhatia and a village sarpanch, citing that his posts threatened the sovereignty and integrity of India.
The charges under the Bharatiya Nyaya Sanhita (BNS) include Section 152 (acts endangering sovereignty, unity and integrity of India), Section 353 (statements conducing to public mischief), Section 79 (insulting the modesty of a woman), and Section 196(1) (promoting enmity between groups on religious grounds).
