New Delhi, Nov 18 (UNI) The Supreme Court on Tuesday briefly heard the plea filed by Ashoka University professor Ali Khan Mahmudabad challenging FIRs registered by the Haryana Police over his social media posts on “Operation Sindoor”, before adjourning the matter at the request of the authorities.
A Bench comprising Justice Surya Kant, Justice Ujjal Bhuyan, and Justice NK Singh also took note of Mahmudabad’s request for the release of his passport, which he had surrendered as a condition of the interim bail earlier granted to him.
When Advocate Nizam Pasha mentioned the request, Justice Kant smiled and said, “This is not the right time to travel.”
The Court then adjourned the hearing, which had originally been scheduled for today as per the Court’s October 27 order.
Mahmudabad was granted interim bail earlier, with the Court directing the constitution of a Special Investigation Team (SIT) to examine the two social media posts that formed the basis of the FIRs.
During a subsequent hearing, the Bench expressed displeasure after being informed that the SIT had expanded the scope of investigation, seized his electronic devices, and questioned him about his foreign travels over the past decade.
The Court then instructed the SIT to restrict the probe to the impugned posts and complete its investigation within four weeks.
In August, the Haryana Police told the Court it had filed a closure report in one FIR and a chargesheet in another.
Taking note, the Court quashed the FIR in which the closure report was filed and passed an interim order restraining the magistrate from taking cognizance of the chargesheet in the remaining case.
Senior advocate Kapil Sibal had earlier questioned the invocation of Section 152 of the Bharatiya Nyaya Sanhita (BNS), said to replace the erstwhile sedition provision, pointing out that the section’s constitutional validity is already under challenge before the Supreme Court.
The Court recently declined to modify two bail conditions imposed on Mahmudabad, including directions that he must not write or speak publicly on the two impugned posts or on matters relating to terrorist attacks on Indian soil or counter-operations by the armed forces.
Mahmudabad, an associate professor and head of the Department of Political Science at Ashoka University, had posted comments on social media urging right-wing commentators praising Colonel Sofiya Qureshi, who led a media briefing on Operation Sindoor, to similarly speak up for victims of mob lynching, bulldozing of homes, and other forms of hate-driven violence.
His tweet described the press briefing as “a fleeting glimpse… to an India that defied the logic on which Pakistan was built,” adding that the lived reality of many Muslims differed from what was being projected.
Two criminal cases were lodged against him, one on a complaint by Yogesh Jatheri under Sections 196, 197, 152, and 299 of the BNS, and another based on a complaint by Haryana Women’s Commission Chairperson Renu Bhatia, invoking Sections 353, 79, and 152 of the BNS.
On May 14, Mahmudabad issued a public statement asserting that his remarks had been misunderstood, claiming that the Commission had no jurisdiction and clarifying, “My post appreciated the fact that the armed forces chose Colonel Sofiya Qureshi and Wing Commander Vyomika Singh for the press conference to highlight that the dream of the founders of our Republic of an India united in its diversity is still alive.”
The matter will be heard next on a date to be notified.
