New Delhi – The Supreme Court granted interim bail to Ali Khan Mahmudabad, a professor at Ashoka University, on Wednesday, in connection with social media posts related to India’s recent military actions. The court imposed strict conditions, including a gag order on speaking or writing about the case, and directed him to surrender his passport.
The bench, headed by Justice Surya Kant and Justice N.K. Singh, emphasized that Mahmudabad must refrain from commenting on the recent terrorist attack on India and the nation's response. The court remarked that such expressions could potentially impact public sentiment and national security.
In an unusual note, the court also cautioned others from the university, stating it would take serious action if any collective moves were made in support of Mahmudabad, noting they are “within jurisdiction.”
The bench ruled out a stay on the investigation, stating it found no grounds for it after reviewing the posts. Instead, it directed the Haryana Director General of Police to form a Special Investigation Team (SIT), comprising three IPS officers not affiliated with Delhi or Haryana. The team must include one woman officer and be led by an IG-rank officer. The SIT has the authority to seek changes to the interim bail order if any new incriminating evidence surfaces.
Mahmudabad had been arrested on May 18 by Haryana Police under charges linked to sedition and offending religious sentiments. Two FIRs were filed — one by a BJP functionary and another by the Haryana State Commission for Women.
During the hearing, Justice Kant questioned the nature of freedom of expression and stressed the importance of responsibility alongside rights. He criticized the tone of the posts as potentially provocative and urged the use of language that avoids causing discomfort.
Senior Advocate Kapil Sibal, representing Mahmudabad, argued that the professor had no criminal intent and was emotionally distressed, especially as his wife is due to give birth soon. He highlighted the perceived disparity in how similar cases are being handled by the judiciary.