SC Extends Interim Bail to Ali Khan Mahmudabad, Upholds Freedom of Speech with Conditions

SC Extends Interim Bail to Ali Khan Mahmudabad: The Supreme Court on Wednesday extended the interim bail granted to Ashoka University professor Ali Khan Mahmudabad, while asserting that there is no restriction on his constitutional right to freedom of speech and expression. However, the court maintained a condition that the professor must refrain from making any online posts, writing articles, or delivering speeches related to the two contentious social media posts that led to the FIRs against him.

A partial working day Bench, comprising Justices Surya Kant and Dipankar Datta, refused to alter the bail conditions it had laid down earlier on May 21. The court clarified that while the right to speak remains intact, the professor must exercise caution and avoid public commentary on matters that are currently under legal scrutiny.

The Bench also instructed the Haryana Police to focus strictly on the scope of the two FIRs filed in the matter and avoid any undue expansion of the investigation. The court advised against “going left and right” and told police officials to specifically mention which electronic devices they wish to examine in the course of their probe.

In a related development, the Supreme Court directed the Special Investigation Team (SIT), which was formed to investigate the FIRs, to present a detailed report on the progress made so far on the next date of hearing.

In a firm message, the top court stated that the investigation should remain confined to the two FIRs—one filed on the complaint of Haryana State Commission for Women chairperson Renu Bhatia, and the other based on a complaint by a village sarpanch in Sonipat’s Rai area. The allegations pertain to social media posts on Operation Sindoor that, according to police, could endanger national integrity and unity.

The FIRs invoke multiple sections of the Bharatiya Nyaya Sanhita (BNS), including section 152 for acts endangering the sovereignty and unity of India, section 353 for statements conducing to public mischief, section 79 for actions insulting the modesty of a woman, and section 196(1) for promoting enmity between different religious groups.

Meanwhile, the National Human Rights Commission (NHRC) has taken suo motu cognizance of the case after a media report highlighted concerns over the professor’s arrest. The Commission noted that the professor’s liberty and fundamental rights appeared to have been compromised and asked the Haryana Police to respond to its notice.

Despite the interim bail, the Supreme Court has not halted the ongoing investigation, affirming the legal process must proceed. The arrest of Mahmudabad on May 18 has sparked widespread criticism from political leaders, academic circles, and civil rights groups, many of whom view it as an attack on intellectual freedom.

As the legal process continues, the Supreme Court’s balanced approach aims to uphold both national security and the individual’s fundamental rights, ensuring that justice is neither rushed nor compromised.