The Supreme Court on Wednesday, May 21, 2025, granted interim bail to Ali Khan Mahmudabad, an associate professor of political science at Ashoka University, who was arrested over social media posts concerning "Operation Sindoor." However, the court also questioned the professor's "choice of words" and, according to NDTV, Justice Kant remarked, "Why to get cheap popularity on these occasions?".
Mahmudabad's arrest followed two FIRs filed against him in Haryana related to his social media activity. The complaints were filed by Renu Bhatia, chairperson of the Haryana State Commission for Women, and Yogesh Jathedi, a Jathedi sarpanch, based on similar allegations pertaining to his comments on "Operation Sindoor." He was charged under sections linked to promoting enmity between groups and acts seen as threatening national integrity and sovereignty. A local court in Sonipat had previously remanded Mahmudabad to judicial custody, rejecting the State Police's request to extend his police custody.
During the Supreme Court hearing, a bench of Justices Surya Kant and N. Kotiswar Singh addressed the issue of free speech in relation to the professor's posts. Justice Kant reportedly stated, "Yes, everyone has the right to free speech and expression... Is it the time to talk about all of this? Country is already going through all this...monsters came and attacked our people...we have to be united." He further questioned, "where is the duty. As if the whole country for last 75 years is only distributing rights and no duty." The court, while granting bail, did not stay the investigation into the matter.
Mahmudabad's social media post in question referred to the government's choice of Colonel Sofiya Qureshi and Wing Commander Vyomika Singh for Operation Sindoor briefings. He stated he was happy to see right-wing commentators applauding Colonel Qureshi, but questioned if they would "equally loudly 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 arrest of Professor Mahmudabad had sparked outrage and condemnation. The Ashoka University faculty voiced their support for their colleague, describing him as an invaluable member of the university community and a responsible citizen. Over 200 academics, including numerous Vice-Chancellors and educational institution heads, signed a "Statement of Objection," condemning Mahmudabad's comments following Operation Sindoor. The statement alleges that the professor's remarks seek to "destabilise communal harmony, undermine institutional integrity and erode gender equity" and urged the Supreme Court to consider the socio-legal implications of his statement. Some academics described Mahmudabad's observations as “veiled misogyny cloaked in pseudo-academic inquiry”, particularly objecting to his comment on Colonel Sofiya Qureshi's presence at the post-operation press briefing. They argue that “By framing her presence as performative or tokenistic, [he] attempts to delegitimize her role… This is regressive, gender-disempowering, and contrary to both legal norms and societal progress”.
Senior Advocate Kapil Sibal, representing Mahmudabad, had argued before the court, questioning the "criminal intent" behind the professor's social media post. However, the Supreme Court's observations highlight the ongoing debate surrounding freedom of speech, the responsibility of academics, and the timing and context of public statements, particularly on sensitive issues of national importance. While the court granted interim bail, the case raises important questions about the limits of free expression and the duties of citizens, especially during times of national crisis.
