The Supreme Court on Tuesday extended its interim protection to Professor Ali Khan Mahmudabad of Ashoka University, restraining the trial court from taking cognisance of the chargesheet filed by the Haryana Police’s Special Investigation Team (SIT) in connection with two FIRs lodged over his social media posts on ‘Operation Sindoor’.
A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi passed the order after Additional Solicitor General SV Raju informed the court that although the SIT had filed its chargesheet in August 2025, the Haryana government had not yet granted the mandatory sanction to prosecute under certain provisions of law.
Raju sought more time to take clear instructions from the state government, suggesting that the matter could possibly be closed if the state opted to deny sanction “as a one-time magnanimity.”
Taking note of this, the Bench granted the ASG time to seek instructions and posted the matter after six weeks. However, the court cautioned the professor about his conduct during the interim period. “We also don’t want that as soon as they (the government) decide not to grant sanction, you go and write any damn thing you want. If they show magnanimity, then you also have to be responsible,” the Chief Justice orally remarked.
Senior advocate Kapil Sibal, appearing for Professor Mahmudabad, reiterated that there was “nothing” in the case to warrant prosecution.
The case arises out of social media posts made by Professor Mahmudabad in May 2025 about ‘Operation Sindoor’—India’s counter-strike against terror infrastructure following an attack on Indian soil. The Haryana Police arrested him on May 18 after registering two FIRs in Sonipat district: one based on a complaint from the chairperson of the Haryana State Commission for Women, Renu Bhatia, and the other from a local village sarpanch.
He was booked under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including:
- Section 152 (acts endangering sovereignty or unity and integrity of India)
- Section 353 (statements conducing to public mischief)
- Section 79 (deliberate actions aimed at insulting the modesty of a woman)
- Section 196(1) (promoting enmity between groups based on religion)
Timeline of Supreme Court Proceedings
- May 21, 2025: The apex court granted interim bail but refused to stay the investigation. It also barred the professor from expressing any opinion on the ongoing matter or on issues related to national security or armed forces’ operations.
- May 28, 2025: The court clarified there was no restriction on the professor’s right to free speech, but imposed a limited bar on discussing the sub judice issue online.
- July 16, 2025: The court criticised the SIT for going beyond the scope of the FIRs, stating that the probe had “misdirected itself.” It directed the SIT to confine the investigation strictly to the two FIRs and submit a report.
- August 2025: Despite the SIT filing its chargesheet, the matter hit a procedural roadblock due to the lack of prosecution sanction from the Haryana government.
On Tuesday, the apex court reiterated that until the state decides on sanction, the trial court should not proceed to take cognisance of the chargesheet.
The arrest and prosecution of Mahmudabad sparked significant criticism from academic circles and political leaders, who described the move as an attack on free speech and dissent. Multiple academic bodies and public intellectuals had condemned the invocation of national security provisions in response to social media expression.
The case continues to raise questions on the boundaries of academic freedom, digital expression, and state response to dissent in the context of national security.
