Supreme Court Restrains Trial Court From Framing Charges Against Ashoka University Professor Ali Mahmudabad Over Operation Sindoor Posts

Today, the Supreme Court restrained the Trial Court from framing charges against the the Ashoka University Professor, Ali Mahmudabad over his social media posts commenting on India’s military action under Operation Sindoor.

Professor Ali Khan Mahmudabad was arrested by the Haryana Police on May 18, 2025, based on two FIRs registered against him- one on the complaint of a BJP office-bearer, and the other by the Haryana State Commission for Women. However, on May 21, 2025, he was released on interim bail.

The Bench of Justice Surya Kant and Justice Joymalya Bagchi heard the matter and

At the outset, ASG S V Raju informed the Court that the SIT has completed its investigation and charge sheet has been filed.

Senior Advocate Kapil Sibal, appearing on behalf of Professor Mahmudabad, said it's most unfortunate that the charge sheet has already been filed despite the orders of the Court to produce the same before the Supreme Court, instead of filing it.

"What is the offence...You are just persecuting people in this country that's all", remarked Sibal.

A copy of the Investigation Report was given to the Sibal and the Court adjourned the hearing.

However, "Meanwhile, no charges shall be framed pursuant to the chargesheet filed with relation to FIR No. 147...No cognizance shall be taken on the chargesheet filed in FIR No. 147" the Court recorded in its order.

Accordingly, the matter was adjourned.

Background

Professor Ali Khan Mahmudabad was arrested by the Haryana Police on May 18, 2025, based on two FIRs registered against him, one on the complaint of a Bharatiya Janata Party (BJP) office-bearer, and the other by the Haryana State Commission for Women. The FIRs invoked provisions pointing to sedition and hurting religious sentiments. The action was taken following his remarks on India’s Operation Sindoor against Pakistan, which were posted on social media. The Women’s Commission had earlier summoned the professor, alleging his comments were inflammatory and anti-national.

On July 16, the Supreme Court directed the Special Investigation Team (SIT) to complete within four weeks its probe into the two FIRs registered against Ashoka University Professor Ali Khan Mahmudabad over his social media posts commenting on “Operation Sindoor”. The Court also questioned the seizure of his digital devices, and clarified that Mahmudabad is entitled to express his views online, except on sub judice matters.

The Supreme Court on May 21, 2025, granted him interim bail but refused to stay the investigation. The Court directed the formation of a Special Investigation Team (SIT) within 24 hours, excluding officers from Haryana or Delhi and including one woman officer.

The Supreme Court said, “Everyone has the right to express… but is it the time to speak in such a communal tone? The country has faced a big challenge, civilians were attacked, and at that time… why are they trying to gain popularity on this occasion?”

In his social media post, Professor Mahmudabad said, "For me, the press conference was just a fleeting glimpse – an illusion and allusion perhaps – to an India that defied the logic on which Pakistan was built. As I said, the grassroots reality that common Muslims face is different from what the government tried to show but at the same time the press conference shows that an India, united in its diversity, is not completely dead as an idea."

Cause Title: Mohammad Amir Ahmad @ Ali Khan Mahmudabad v. State of Haryana (W.P.(Crl.) No. 219/2025)