Supreme Court Grants Interim Bail to Professor Ali Khan Mahmudabad, Orders SIT Probe into ‘Operation Sindoor’ Posts

On May 21, the Supreme Court granted interim bail to Ashoka University Professor Ali Khan Mahmudabad, who was arrested on May 18 by Haryana Police over his social media posts related to ‘Operation Sindoor.’ While allowing bail, the Court declined to stay the investigation and instead directed the Haryana DGP to form a Special Investigation Team (SIT) within 24 hours.

The SIT must be led by an IG-rank officer and include two SP-rank officers, one of whom must be a woman. Importantly, none of the SIT members should be from Haryana or Delhi. The team will probe the meaning and intent behind Mahmudabad’s posts, which sparked controversy during a sensitive national moment.

As part of the bail conditions, the Court barred Mahmudabad from writing or speaking publicly on the subject of his posts or commenting on any terrorist attacks or India’s response. He was also ordered to surrender his passport and cooperate fully with the investigation.

The bench, comprising Justices Surya Kant and NK Singh, emphasized that the bail was granted to aid the investigation process. Senior Advocate Kapil Sibal, representing Mahmudabad, asked the Court to prevent the filing of further FIRs on the same matter. Justice Kant verbally assured that the State would handle it appropriately but allowed Haryana the liberty to present additional evidence if discovered.

Justice Kant questioned the timing and tone of Mahmudabad’s remarks, criticizing what he termed “dog-whistling” and urging public figures to use respectful, neutral language during sensitive times. Sibal defended the post as patriotic, highlighting its conclusion with "Jai Hind." He also mentioned the professor’s personal circumstances, including his wife's imminent delivery. The Court, however, maintained that the matter required careful investigation.