NEW DELHI, May 21: The Supreme Court on Wednesday ordered the formation of a Special Investigation Team (SIT), led by an Inspector General of Police (IGP), to probe the alleged remarks made by Ashoka University Associate Professor Ali Khan Mahmudabad regarding Operation Sindoor, even as it granted him interim bail.
A Bench of Justice Surya Kant and Justice N Kotiswar Singh directed that the SIT be constituted within 24 hours by the Haryana DGP, and include three IPS officers, none of whom are from Haryana or Delhi. One of the officers must be a woman, the Bench specified.
While allowing Mahmudabad’s release on interim bail, the court made it clear that the investigation will continue, observing: “We are satisfied that no case for staying investigation is made out.” Mahmudabad was arrested on May 18 after two FIRs were lodged against him under charges including endangering India’s sovereignty and integrity, based on his alleged social media posts.
The court said the professor may be released after furnishing bail bonds before the Chief Judicial Magistrate (CJM), Sonepat, and clarified that one set of bail bonds would suffice for both FIRs. He was also directed to surrender his passport and cooperate with the investigation.
The Supreme Court also issued a gag order restraining Mahmudabad from making any public statements or social media comments regarding terror attacks on India or India’s response.
During the hearing, Justice Kant expressed concern about the timing and tone of the comments: “Yes, everyone has the right to free speech. But is this the time to say all this, when the country is going through so much pain? Why gain cheap popularity at such a moment?”
Senior advocate Kapil Sibal, appearing for Mahmudabad, said there was no criminal intent and informed the court that the professor’s wife is pregnant, which prompted the court to consider humanitarian grounds for interim bail.
Addressing the nature of the professor’s alleged post—where he is said to have referred to the presence of Col. Qureshi and Wing Commander Vyomika Singh at press briefings as “optics”—the Bench remarked that “a responsible citizen should not use language that hurts sentiments or gives the wrong impression.” Justice Kant added, “As if for the last 75 years, we have only distributed rights and no duties.”
The FIRs were lodged following complaints from the Haryana State Commission for Women (HSCW) and a village sarpanch, both filed at the Rai Police Station in Sonepat. The HSCW’s complaint, sent to the DGP on May 16, claimed Mahmudabad’s statements had “prima facie evidence of harm” and sought immediate action.
Mahmudabad, while maintaining his right to freedom of speech, has stated that his remarks were misunderstood.
The court, however, allowed the Haryana Police to seek modification of the bail order if custodial interrogation becomes necessary.
Read more: Ashoka University Professor Arrested Over Remarks on Operation Sindoor
