The Supreme Court has agreed to hear a Public Interest Litigation (PIL) filed by Ashoka University professor Ali Khan Mahmudabad challenging his arrest. Mahmudabad was arrested by the Haryana Police following his remarks on "Operation Sindoor," a military operation conducted by the Indian armed forces. A bench headed by Chief Justice B.R. Gavai has said that the matter will be heard on May 20 or 21.
Ali Khan Mahmudabad, an associate professor and head of the Department of Political Science at Ashoka University, was arrested on Sunday, May 18. The arrest was based on two separate First Information Reports (FIRs) lodged against him, one by Renu Bhatia, the chairperson of the Haryana State Commission for Women, and another by Yogesh Jatheri, a village sarpanch and general secretary of the BJP Yuva Morcha in Haryana. The FIRs pertain to Mahmudabad's social media posts concerning "Operation Sindoor," specifically a Facebook post made on May 8.
In the Facebook post that triggered the controversy, Mahmudabad commented on the media briefings about "Operation Sindoor" that were presented by two women officers, Colonel Sofiya Qureshi and Wing Commander Vyomika Singh. He stated that while the "optics" of women soldiers presenting their findings were important, it would be "hypocrisy" if it didn't translate to reality on the ground. He further added that those who are applauding Col. Sophia Qureishi should also demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP's hate mongering be protected as Indian citizens.
The FIRs against Mahmudabad invoke several sections of the Bharatiya Nyaya Sanhita (BNS), including those related to endangering India's sovereignty, unity, and integrity, promoting enmity between different groups on grounds of religion, statements conducing to public mischief, and acts intended to insult the modesty of a woman.
The arrest has drawn sharp criticism from opposition leaders, academics, and civil society members, who view it as an attack on academic freedom and freedom of expression. The Committee for Academic Freedom (CAF) at Ashoka University issued a statement condemning the arrest as a "disproportionate punishment made on flimsy grounds" and a "fundamental attack on academic freedom." The Faculty Association of Ashoka University has also strongly condemned the arrest, calling the charges "groundless and untenable" and decrying the "calculated harassment" to which Mahmudabad has been subjected.
Mahmudabad's lawyer stated that the professor has been arrested under stringent charges, including endangering sovereignty and integrity. Mahmudabad himself has said that his comments were "misread" and that he was exercising his "fundamental right to freedom of thought and speech in order to promote peace and harmony and to applaud the Indian armed forces for their resolute action, while criticising those who preach hatred and seek to destabilise India." He expressed surprise that the Women's Commission had "misread and misunderstood" his posts to such an extent that they had "inverted their meaning."
The Ashoka University has issued a statement saying that they are in the process of ascertaining the details of the case and will cooperate with the police and local authorities in the investigation.
The Supreme Court's decision to hear Mahmudabad's PIL highlights the growing concerns over freedom of expression and the potential misuse of legal provisions to stifle dissent. The case is expected to be closely watched, as it raises important questions about the balance between national security concerns and the protection of fundamental rights.
