The Supreme Court grants interim bail to Professor Ali Khan Mahmudabad in connection with his controversial social media posts on Operation Sindoor. A Special Investigation Team is also established to probe the case.

Supreme Court Grants Interim Bail to Professor Ali Khan Mahmudabad in Operation Sindoor Case

The Supreme Court of India has granted temporary bail to Ali Khan Mahmudabad, a professor at Ashoka University, in a case involving controversial social media posts about Operation Sindoor. Mahmudabad had been in police custody since his arrest on May 18, 2025, following an FIR lodged by the Haryana Police.

Special Investigation Team (SIT) Ordered by Supreme Court

While granting bail, the Court refused to stop the investigation. Instead, it directed the Haryana Director General of Police to constitute a Special Investigation Team (SIT) within 24 hours. The SIT must consist of senior Indian Police Service officers from outside Haryana and Delhi, with one female officer included. The team will be led by an Inspector General (IG) rank officer, supported by two Superintendent of Police (SP) rank officers.

Restrictions Imposed as Part of Interim Bail

As a condition of interim bail, Mahmudabad is prohibited from posting or publishing any content related to the case or commenting on terrorist attacks or India’s counter-terror operations. He is also required to cooperate fully with the SIT during the investigation.

The bench, comprising Justice Surya Kant and Justice NK Singh, emphasized that the interim bail is intended to facilitate further inquiry.

Kapil Sibal Advocates for Mahmudabad, FIRs and Free Speech Debated

Senior Advocate Kapil Sibal, representing Mahmudabad, urged the court to prevent any further FIRs on the same issue. Justice Kant orally advised the State of Haryana to avoid duplicating cases but permitted the state to investigate new findings if any.

Sibal presented Mahmudabad’s posts from Instagram and Facebook, calling them “patriotic.” However, Justice Kant questioned the timing and tone of the remarks, especially references to right-wing commentators, mob lynching, and the praise of Colonel Sofiya Qureshi.

Justice Kant on Language, Intent, and Responsibility

Justice Kant pointed out that while freedom of speech is protected, Mahmudabad’s wording suggested “dog-whistling”—a term used to describe coded language that signals controversial views to a specific audience. He advised the professor to use neutral and respectful language that doesn’t provoke or offend.

Justice Kant added, “A learned professor cannot be without words from the dictionary. He should express ideas clearly and respectfully, without causing harm to others’ sentiments.”

Sibal maintained that the comments lacked criminal intent and concluded with the patriotic phrase “Jai Hind.” He also shared that Mahmudabad’s wife is nine months pregnant and due to deliver soon, as a reason for humanitarian consideration.

State’s Position and Ongoing Judicial Process

Additional Solicitor General SV Raju, representing the State, argued that the remarks were not as benign as suggested and may have offended female army officers. Justice Kant acknowledged that some terms used could carry dual meanings and warranted investigation.

Mahmudabad was earlier placed in judicial custody by a Sonepat municipal court. The police’s request for a seven-day remand was denied, and he was instead held for two days starting May 18.

Charges Under Bharatiya Nyaya Sanhita

Mahmudabad faces charges under various sections of the Bharatiya Nyaya Sanhita, including:

Section 196: Acts undermining communal harmony

Section 152: Statements that incite public discord

Other sections: Actions that threaten national sovereignty and insult a woman’s modesty

The Haryana State Commission for Women, chaired by Renu Bhatia, has also issued a notice to the professor.

Conclusion: A Case at the Crossroads of Free Speech and National Security

The temporary bail of Professor Ali Khan Mahmudabad by the Supreme Court highlights the delicate balance between protecting freedom of expression and safeguarding national security. While the Court has upheld Mahmudabad’s right to due process, it has also emphasized responsible communication, especially in sensitive times following events like Operation Sindoor.

As the newly formed Special Investigation Team (SIT) undertakes a thorough examination, the case will likely serve as a precedent in discussions surrounding digital speech, academic responsibility, and patriotic expression in India. The coming weeks will be critical in determining the legal and social ramifications of this high-profile case.