Supreme Court Considers Leniency for Ashoka University Professor in Controversial Case
Supreme Court's Inquiry into Prosecution of Professor
On Tuesday, the Supreme Court inquired whether the Haryana government could exhibit leniency by denying the prosecution of Ali Khan Mahmudabad, an Associate Professor at Ashoka University. This inquiry relates to his remarks concerning the media briefings on Operation Sindoor, as reported by a legal news outlet.
A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi suggested that if the state is open to showing leniency, Mahmudabad should also demonstrate responsibility in his future conduct.
Mahmudabad, who leads the political science department at Ashoka University, was charged in May for his comments regarding the Indian military's operations against terrorist camps in Pakistan and Pakistan-occupied Kashmir, which were initiated following the Pahalgam terror attack on April 22.
He was taken into custody on May 18 but was granted bail by the Supreme Court just three days later. However, the court did not halt the ongoing investigation against him and directed the Haryana Police chief to establish a Special Investigation Team to assess the implications of Mahmudabad's statements.
He faces allegations under various sections of the Bharatiya Nyaya Sanhita, including actions detrimental to communal harmony, making statements likely to incite discord, and actions threatening national integrity, among others.
During the proceedings, Additional Solicitor General SV Raju informed the bench that while a chargesheet had been submitted in August, the Haryana government's approval for Mahmudabad's prosecution was still awaited.
Advocate Kapil Sibal, representing Mahmudabad, concurred with the bench's observations. The court plans to revisit the case in six weeks to allow Raju to consult with the state government regarding the possibility of resolving the issue amicably.
On August 25, the Supreme Court had prohibited a magistrate from acknowledging the chargesheet filed by the Haryana Police's Special Investigation Team and annulled all proceedings related to a second FIR against Mahmudabad based on a police closure report.
Mahmudabad's Controversial Remarks
In a social media post dated May 8, Mahmudabad criticized the apparent contradiction of Hindutva commentators praising Colonel Sofiya Qureshi, who represented the Indian Army during the media briefings about the military operation.
He remarked, “Perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the Bharatiya Janata Party’s hate mongering be protected as Indian citizens.”
Mahmudabad emphasized that while the visual presentation of the press briefings by Qureshi and Wing Commander Vyomika Singh was significant, it must translate into tangible outcomes; otherwise, it remains mere hypocrisy.
The Haryana State Women’s Commission accused him of attempting to undermine national military actions and claimed he ignored its summons on May 14. The commission stated that he failed to appear when it visited the university on May 15.
Mahmudabad defended his actions as an exercise of his fundamental right to free speech aimed at fostering peace and harmony. He asserted that his comments were “completely misunderstood” by the commission, which did not adequately address how his posts contradicted women's rights or laws.