The Supreme Court on Monday, 16th March, closed the case against Ashoka University Professor Ali Khan Mahmudabad, after the Government of Haryana told the court that it had decided not to grant permission to prosecute him as a “one-time magnanimity.” The case was registered over his social media posts related to Operation Sindoor.
A bench comprising Chief Justice Surya Kant and Joymalya Bagchi recorded the submission made by the state and subsequently quashed the criminal proceedings against the professor.
During the hearing, Additional Solicitor General SV Raju, appearing for the Haryana government, informed the court that the state had refused to grant a sanction to prosecute Mahmudabad. He also suggested that the professor should be warned so that such incidents do not happen again.
Senior Advocate Siddharth Luthra and Advocate Nizam Pasha represented the professor in the case.
Court advises caution in sensitive matters
While disposing of the case, the Supreme Court noted that the professor, being an academic, should act responsibly in the future. The bench said, “We have no reason to doubt that the petitioner, being a highly learned professor, will act prudently in future.”
Chief Justice Surya Kant also observed the way certain comments are written, especially on sensitive matters. He said, “Sometimes writing in a manner that can be read between the lines creates more problems. Sometimes the situation is sensitive, and we all have to be careful.”
Earlier, the court had asked the Haryana government to reconsider the case and suggested that it could close the matter by refusing permission for prosecution.
Background of the case
The case began after an FIR was registered against Prof. Mahmudabad over his controversial remarks on Operation Sindoor. The posts were made in the context of praise for Sofiya Qureshi, who had been leading press briefings related to Operation Sindoor.
Several sections of the Bharatiya Nyaya Sanhita have been invoked in the FIR, including sections about statements that could disturb communal harmony, incite disturbance in public, or impair national sovereignty.
After the FIR was registered, Mahmudabad was taken into custody and spent three days in jail until he was granted interim bail by the Supreme Court in May last year. During that hearing, the court had also criticised the tone of his posts and ordered the formation of a Special Investigation Team to examine whether the comments contained any criminal intent.
