Operation Sindoor Row: Supreme Court Grants Interim Bail to Ashoka University Professor Ali Khan Mahmudabad, Orders SIT Probe

New Delhi, May 21, 2025 — The Supreme Court of India on Wednesday granted interim bail to Ashoka University Associate Professor Ali Khan Mahmudabad, arrested over his alleged remarks on Operation Sindoor, while ordering the formation of a Special Investigation Team (SIT) to probe the matter.

A Bench comprising Justice Surya Kant and Justice N Kotiswar Singh directed that Mahmudabad be released on interim bail after furnishing a single set of bail bonds for both FIRs to the satisfaction of the Chief Judicial Magistrate (CJM), Sonepat. The court, however, refused to stay the ongoing investigation against him.

SIT to Be Headed by IGP-Rank Officer

In a significant move to ensure impartiality, the Supreme Court instructed the Haryana Director General of Police (DGP) to constitute a Special Investigation Team (SIT) within 24 hours. The SIT will be led by an Inspector General of Police (IGP) and will include two senior officers, one of whom must be a woman, and none of whom should belong to Haryana or Delhi cadre.

“We are satisfied that no case for staying investigation is made out. However, to understand the complexity and proper appreciation of the language used in the post, an SIT is necessary,” the Bench observed.

Bail with Conditions

While granting bail, the apex court imposed strict conditions. Professor Mahmudabad has been ordered to surrender his passport and join the investigation. Moreover, he is barred from making any public comments or social media posts regarding India’s response to terrorism or the ongoing military operations.

The court’s directive came after Senior Advocate Kapil Sibal, representing Mahmudabad, pleaded for bail citing his wife’s pregnancy and need for family support.

SC Criticizes “Insensitive Language”

During the proceedings, the court made scathing observations about the professor’s choice of words, which it deemed “insensitive” and potentially hurtful amid a sensitive national crisis.

“Yes, free speech is a fundamental right, but is this the time to use such language? Monsters have attacked our country. This is the time for unity, not for gaining cheap popularity,” remarked Justice Kant.

Justice Kant further questioned the academic responsibility of the petitioner, saying:

“It’s unfortunate when freedom of speech is used to deliberately cause discomfort. With your academic background, Mr. Sibal, this is what’s called dog-whistling.”

Arrest and Allegations

Professor Mahmudabad was arrested on May 18 following two FIRs filed at Rai Police Station, Sonepat. The complaints were lodged by Haryana State Commission for Women (HSCW) Chairperson Renu Bhatia and a local village sarpanch. He was accused of making comments on social media that allegedly undermined India’s sovereignty and unity during a time of national security concerns.

The professor had described the media briefings by IAF Wing Commander Vyomika Singh and Army officer Colonel Qureshi, who led public communication on Operation Sindoor, as mere “optics”. He allegedly said, “Optics must translate to reality on the ground, otherwise it’s just hypocrisy.”

While Mahmudabad has maintained that his remarks were misunderstood and covered under freedom of speech, the complaints prompted swift legal action, with the HSCW citing “prima facie evidence” in its letter to the DGP.

The Supreme Court’s decision to grant interim bail, paired with a strong rebuke and a call for a neutral investigation, highlights the delicate balance between freedom of expression and national responsibility. As the SIT begins its probe, all eyes will be on the findings and their implications for free speech in times of national crisis.