Supreme Court Dismisses Criminal Charges Against Ashoka University Professor Over Social Media Remarks
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New Delhi, March 16 (NationPress) On Monday, the Supreme Court dismissed the criminal proceedings against Ali Khan Mahmudabad, a political science professor at Ashoka University. This decision came after the Haryana government notified the court that it would not authorize his prosecution over social media comments concerning 'Operation Sindoor'.
A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi noted the statement from Additional Solicitor General (ASG) SV Raju, representing the Haryana government, which indicated that the decision to halt prosecution was made as a "one-time gesture of magnanimity".
ASG Raju emphasized, "The sanction is refused as a one-time act of grace. This matter is now concluded. He should be advised against repeating such behavior in the future."
While resolving the case, the CJI-led Bench also cautioned the petitioner to exercise prudence moving forward. The court remarked, "Sometimes, writing in a way that allows for interpretation can lead to complications. Given the sensitive nature of certain situations, we must all proceed with care."
The Supreme Court had been reviewing a petition from Mahmudabad aimed at quashing the criminal actions taken against him for two posts on social media regarding Operation Sindoor, which was India's military response following the April 22 terror attack in Pahalgam.
In a previous hearing, the CJI-led bench urged the Haryana government to reconsider and close the case by denying the prosecution sanction.
Mahmudabad approached the Supreme Court challenging his detention and the filing of two FIRs against him by Haryana Police, which cited provisions of the Bharatiya Nyaya Sanhita (BNS) related to inciting rebellion and fostering communal disharmony.
The controversy stemmed from Mahmudabad's remarks on social media, which referenced public acclaim for Colonel Sofiya Qureshi, who addressed the media during Operation Sindoor, while also criticizing incidents like mob lynchings and bulldozer actions.
In his post, he expressed, "I am pleased to see numerous right-wing commentators praising Colonel Sofiya Qureshi, but they should also vocally advocate for the protection of mob lynching victims and others affected by the BJP’s hate rhetoric as Indian citizens."
In May of the previous year, the Supreme Court granted Mahmudabad interim bail to support the investigation and instructed Haryana's Director General of Police to form a three-member Special Investigation Team (SIT) comprising senior IPS officers, including a female officer.
By August, the Supreme Court had stayed proceedings in the trial court and prohibited the jurisdictional magistrate from acknowledging the Haryana Police's charge sheet, which involved allegations under the Bharatiya Nyaya Sanhita (BNS) concerning acts against national sovereignty.
The top court had previously criticized the SIT for unnecessarily expanding the investigation's scope, as it was revealed that the panel had confiscated Mahmudabad's electronic devices and sought his travel history for a decade. It stated that the SIT should focus on the language of the posts and assess whether they constituted an offense.