On May 21, the Supreme Court issued a strong warning to students and faculty members protesting the arrest of Professor Ali Khan Mahmudabad of Ashoka University. He had been taken into custody over his Facebook post regarding Operation Sindoor, which led to an FIR filed by the Haryana Police.
The bench comprising Justice Surya Kant and Justice NK Singh heard the plea challenging his arrest and expressed concern over the ongoing protests by university staff and students.
Read also: Supreme Court Issues Notice on Plea Challenging ED’s Powers Under Section 50 & 63 of PMLA
“Today only we read in the paper, that the students, the professors—if they dare to do anything, we will pass an order,” remarked Justice Kant.
He added that some private universities have become spaces where people “make irresponsible statements,” and warned that such actions are not beyond the court’s jurisdiction.
In response to the arrest, the Ashoka University Faculty Association released a strong statement condemning what it called "calculated harassment."
“We condemn the calculated harassment to which Professor Mahmudabad has been subjected: after being arrested early in the morning from his home in New Delhi, he was taken to Sonipat, not allowed access to necessary medication, and driven around for hours without any communication about his whereabouts,” the statement said.
Reports also mentioned that university staff have been rotating shifts to ensure the professor is cared for in judicial custody, providing him with proper food and essential diabetes medication.
During the hearing, Justice Surya Kant emphasized the need for responsible language while exercising freedom of speech.
“Everybody talks about rights. As if the country for last 75 years was distributing rights!” he commented, adding that nobody seems to talk about their duties.
He also advised the petitioner to choose respectful and neutral words when expressing opinions, without hurting others' sentiments.
Referring to Mahmudabad’s post, Justice Kant remarked, “This is what we call in the law—dog whistling!”
Read also: Vikas Singh Re-Elected as SCBA President for 2025-26; SC Reserves Key Posts for Women
Although the Court refused to stay the investigation, it granted interim bail to Professor Mahmudabad. To properly assess the intent and language of the Facebook post, the Court ordered the formation of a Special Investigation Team (SIT). The team will consist of senior IPS officers from outside Haryana and Delhi, ensuring impartiality.
Case Details : MOHAMMAD AMIR AHMAD @ ALI KHAN MAHMUDABAD Versus STATE OF HARYANA | W.P.(Crl.) No. 219/2025
