New Delhi, May 21: The Supreme Court on Wednesday granted interim bail to Ashoka University Professor Ali Khan Mahmudabad, who was arrested by Haryana Police over a controversial social media post related to Operation Sindoor.
A bench comprising Justices Surya Kant and N.K. Singh, while granting relief, refused to stay the investigation into the two FIRs registered against the professor. The court described his online remarks as “dog-whistling” and directed the Director General of Police, Haryana, to constitute a three-member Special Investigation Team (SIT) comprising senior IPS officers from outside Haryana and Delhi, including at least one woman officer.
The court further restrained Mahmudabad from posting online content, writing articles, or making speeches related to the issue under investigation or commenting on the recent terror attack on Indian soil and India’s counter-response.
“Issue notice. Having examined the content of the two allegedly objectionable posts, we do not find grounds to stay the investigation,” the court stated. “To better understand the context and language of the posts, a SIT led by an Inspector General-rank officer shall be formed.”
Senior Advocate Kapil Sibal, appearing for Mahmudabad, defended the posts as “highly patriotic,” claiming they encouraged balanced discourse by urging recognition of victims of mob violence and misuse of state power alongside military heroes. The posts were made on Facebook and Instagram.
However, Justice Surya Kant questioned the timing and tone of the posts. “Everyone has the right to free speech, but is this the right moment to express such sentiments, especially when the country is facing serious challenges?” he remarked. “The nation stood united after a grave terrorist attack—this is not the time for divisive commentary aimed at gaining attention.”
Sibal argued there was no criminal intent behind the professor’s words, but the court maintained that his message could have been conveyed more sensitively and straightforwardly. “This is what we call ‘dog whistling’ in law,” said Justice Kant.
Professor Mahmudabad was arrested on May 18, following a notice issued by the Haryana State Commission for Women over his alleged remarks disparaging women officers in the armed forces. Two FIRs were subsequently registered—one based on a complaint by Commission chairperson Renu Bhatia, and another filed by Yogesh Jatheri, a local sarpanch and BJP Yuva Morcha leader.
