Supreme Court Closes Criminal Proceedings Against Ashoka University Professor After Haryana Refuses Prosecution Sanction

The Supreme Court of India on Monday ordered the closure of criminal proceedings against Ashoka University professor Ali Khan Mahmudabad concerning his social media posts on “Operation Sindoor,” a cross-border military operation against Pakistan. The decision followed a statement from the Haryana government, which agreed to the court’s suggestion to refuse the necessary sanction for his prosecution as an act of “one-time magnanimity.”

A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi directed the closure of the case currently pending before the Judicial Magistrate First Class in Sonepat, where a charge sheet had already been filed.

State Exercises ‘One-Time Magnanimity’

The resolution of the legal battle came after the court suggested on January 6 that the state reconsider the necessity of the trial. Representing the Haryana government, Additional Solicitor General (ASG) SV Raju informed the bench that the state had decided to treat the case as a “closed chapter.”

“Very gracefully, the state, as a one-time magnanimity, has decided not to grant sanction for prosecution. Consequently, the proceedings… are directed to be closed for want of prosecution,” the bench recorded in its order.

While agreeing to the closure, the ASG requested the court to ensure that Mahmudabad would refrain from such acts in the future. The bench responded with confidence in the professor’s conduct, noting that he is a “highly learned professor and domain expert.”

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“We are all responsible citizens, but sometimes the situation becomes so sensitive,” the court observed. “We do not want any discussion in open court, as things may be read between the lines.”

Background and Legal Context

Professor Mahmudabad was arrested in May 2025 following complaints regarding Facebook posts he made about Operation Sindoor. The complaints alleged that his comments regarding “military restraint” and “performative patriotism” amounted to criminal conduct.

The Special Investigation Team (SIT) formed to investigate the matter had sought prosecution sanction under the Bharatiya Nyaya Sanhita (BNS) for several charges, including:

  • Section 196: Promoting enmity between different groups.
  • Section 197: Assertions prejudicial to national integrity.
  • Section 353: Statements related to public mischief.
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Under Indian law, trials for these specific offenses cannot proceed without the prior sanction of either the Central or State government. The SIT had applied for this sanction on August 22, 2025.

Final Directions

Senior Advocate Siddharth Luthra, appearing for Mahmudabad, acknowledged the court’s observations, stating they served as a “sufficient hint” for his client. Following the closure of the proceedings, the court was requested to return Mahmudabad’s passport, which had been deposited with the trial court as a condition of his previous interim bail.

The Supreme Court had previously quashed proceedings in one of two cases against the professor and stayed the second after the SIT recommended closing the first case because the allegations overlapped.

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