The Supreme Court asked the Haryana government whether it wants to decline sanction to prosecute Ashoka University professor Ali Khan Mahmudabad over his social media posts. The court nudged the state to take a sympathetic view on the matter.
The Supreme Court on Tuesday asked the Haryana government to clarify its stance on granting sanction to prosecute Ashoka University professor Ali Khan Mahmudabad over his social media posts related to Operation Sindoor. A bench led by Chief Justice Surya Kant suggested the state consider a sympathetic approach, stating, “Once the state is willing to take a sympathetic view, we need not go into the merits.”
The bench cautioned the professor against posting similar content in the future, emphasizing his responsibility if the state decides to drop the case. Justices Surya Kant and Joymalya Bagchi remarked, “If we close this case, then he may start posting again. We are sure if the state shows magnanimity, the petitioner will act responsibly.”
The court observed that a charge sheet was filed in August 2025, but sanction under Bharatiya Nyaya Sanhita (BNS) provisions had not been granted for over four months. Mahmudabad's Facebook posts on May 8 and 11 praised the military's restraint while warning against “warmongering and performative patriotism,” which faced backlash on social media.
Additional Solicitor General SV Raju, representing Haryana, sought time for instructions, noting an application for sanction was made on August 22, 2025, but not yet approved. Prosecution under BNS sections 196 (promoting enmity), 197 (prejudicial to national integrity), and 353 (public mischief) requires prior government sanction as per section 217(1).
The matter was posted for hearing after six weeks. Senior advocate Kapil Sibal, for the petitioner, expressed concern only over the state's consent for prosecution. Two FIRs were filed by Haryana Women Commission chairperson Renu Bhatia and a local gram pradhan, alleging the posts disparaged women officers Colonel Sofiya Qureshi and Wing Commander Vyomika Singh.
The court continued interim relief from prior orders. In August 2025, it quashed proceedings in one case and directed the trial court not to proceed in the second. Mahmudabad received bail on May 21, 2025, and was permitted to post online opinions except on sub-judice matters.
