Operation Sindoor: SC refuses to modify interim bail condition of Ashoka University professor

The top court had also restrained the professor from expressing any opinion in relation to the terrorist attack on Indian soil or the counter-response given by the Indian armed forces.

New Delhi: The Supreme Court on Wednesday said there was no impediment on the right to exercise freedom of speech and expression of Ashoka University Associate Professor Ali Khan Mahmudabad, but he can’t post anything online with respect to the two FIRs lodged against him. He has been accused of making contentious social media posts on Operation Sindoor.

A bench of Justices Surya Kant and Dipankar Datta declined to modify as of now, the interim bail condition imposed on him on May 21 that he will not write any online post, article or make any oral speech related to either of the two online posts, which are subject matter of the investigation.

The court had then restrained the professor from expressing any opinion in relation to the terrorist attack on Indian soil or the counter-response given by the Indian armed forces.

The court said it is extending the interim bail granted to the professor and directed the SIT to furnish the investigation report on the next date of hearing in July.

Senior advocate Kapil Sibal, appearing for Mahmudabad, urged the court to delete an interim bail condition restraining him from writing or posting on social media anything relating to issues in FIRs, which were lodged for his alleged offensive comments on Op Sindoor. "There is apprehension that the SIT may investigate other things as well," Sibal told the top court.

After hearing this plea of Sibal, the top court, however, declined the prayer.

Sibal further asked the court to direct the authorities not to seek access to Mahmudabad's digital devices.

The bench made it clear that the subject matter of investigation was two FIRs lodged against the professor and asked the investigating agency not to go “left and right” in the investigation and seek the “devices”, which the cops said they would like to examine.

The court also asked the Haryana police to apprise it about their response to the NHRC notice on registration of FIR against the professor.

On May 21, the National Human Rights Commission (NHRC) said it has taken "suo motu cognisance" of a media report in connection with the arrest.

On May 21, the court granted interim bail to the Associate Professor at Ashoka University in Haryana, who was arrested for his alleged social media post on Operation Sindoor-- India's armed offensive against terror networks in Pakistan after killings of 26 tourists at Pahalgam on April 22.

The court also ordered to constitute a Special Investigation Team (SIT) to probe the matter instead of the Haryana Police, currently investigating the case, "to holistically understand the complexity of the phraseology employed and for proper appreciation of some of the expressions used in the two online posts".

The police arrested the professor on Sunday, May 18, 2025 from his residence in Delhi. The prosecution charged him with endangering India’s sovereignty, unity and integrity for his alleged comments on Operation Sindoor.

The State Women's Commission had also criticised Mahmudabad's comments as disparaging toward women officers in the Indian Armed Forces and said it also promoted communal disharmony.

He allegedly described the media briefing conducted by women officers as “optics” and "just hypocrisy".

In a Facebook post, Mahmudabad said, “I am very happy to see so many right-wing commentators applauding Colonel Sophia Qureishi, but perhaps they could also 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 Haryana state women's commission had issued summons to Mahmudabad on May 12, stating that his comments raised concerns about the disparagement of women in uniform — including Colonel Sofiya Qureshi and Wing Commander Vyomika Singh — undermining their roles as professional officers, and misrepresenting facts through repeated references to “genocide", “dehumanisation", and “hypocrisy", while attributing "malicious" intent to the Indian government.