New Delhi: The Supreme Court on Monday, May 19, agreed to examine a plea of Ashoka University’s assistant professor, Ali Khan Mahmudabad, against his arrest for his social media posts over Operation Sindoor.
A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih noted the submissions of senior advocate Kapil Sibal, appearing for the associate professor, and said the plea would come up on Tuesday or Wednesday.
“He has been arrested for a patriotic statement. Please list it during the day,” Sibal insisted.
“Please list it tomorrow or day after,” the CJI said.
The assistant professor was arrested on May 18 after two FIRs were lodged under stringent charges, including endangering sovereignty and integrity, for his social media posts over Operation Sindoor.
The case was lodged under BNS Sections 152, 196 (promoting enmity between different groups on ground of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony), 197 (imputations, assertions, prejudicial to national integration) and 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs).
All sections are non-bailable.
Remarks on Operation Sindoor
On May 8, the professor took to social media, highlighting the irony of right-wing groups praising Colonel Sofiya Qureshi. The senior Army officer along with Wing Commander Vyomika Singh of the Indian Air Force, briefed the media and the international community about Operation Sindoor, launched on May 7 as India’s response to the Pahalgam terror attack.
“Perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing, and others who are victims of the Bharatiya Janata Party’s hate mongering be protected as Indian citizens,” Khan remarked.
“But optics must translate to reality on the ground, otherwise it’s just hypocrisy,” he added.
Mahmudabad had said that his post has been “completely misunderstood.”
Ashoka University professor’s arrest sparks outrage
Politicians, advocates, and journalists have condemned Ali Khan Mahmudabad’s arrest, calling out the Haryana government and Bharatiya Janata Party (BJP) for hypocrisy in handling insulting comments made by one of their own leaders, Madhya Pradesh minister for tribal affairs, Kunwar Vijay Shah, against senior Army officer Colonel Sofia Qureshi.
On May 13, while referring to the Pahalgam attack, the BJP minister said, “Those who widowed our daughters, we sent a sister of their own [Col. Sofia Qureshi] to teach them a lesson.”
Senior journalist and consulting editor and anchor of India Today, Rajdeep Sardesai, said that while the young professor faces legal action, the BJP is yet to act on its minister’s sexist remarks.
“Ashoka Univ prof Ali Khan arrested over a social media post on Op Sindoor after complaint by BJP youth wing BUT NO ACTION yet on MP BJP minister who made most communal/misogynistic remarks on Col Sofiya Quereshi. Whither law?” he posted on X.
Congress leader and former Lok Sabha MP Kunwar Danish Ali alleged that Mahmudabad’s identity as a Muslim has played a part in his arrest.
He posted, “Ali Khan @Mahmudabad isn’t arrested for what he said. He is arrested for refused to toe the Sangh’s line. Same @BJP4India that hounded Himanshi Narwal, trolled Col. Sofia Qureshi, mocked Vikram Misri now cries disrespect? It’s not outrage. It’s the usual @RSSorg fear of dissent.
Trinamool Congress MP Mahua Moitra criticised the Ashoka University’s administration for not taking a stand.
In her X post, she said, “Pity the bunch of rich boys behind @AshokaUniv don’t realise it takes more than just bucks to create a liberal arts university. It takes spine to stand up for those very values & freedoms @Mahmudabad is being jailed for. Shame on you for not fighting for him!” She also added that they will approach the court for his release adding “has this bigoted govt & @police_haryana totally lost it? We are moving court asap.”
An advocate at the Supreme Court, Pranay Maheshwari, stated Mahmudabad’s post on Operation Sindoor did not, in any way, suggest unconstitutional. “I don’t find anything criminal or unconstitutional in the Facebook post by @Mahmudabad for which he has been targeted selectively…Ali Khan Mahmudabad is being tortured with FIRs & illegal Arrests, not because he wrote that article, but because he is a Muslim. That is the blatant fact,” he wrote on X.
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