The Supreme Court recently questioned the Haryana Government regarding the National Human Rights Commission's (NHRC) concerns over the way an FIR was registered against Ashoka University Professor, Ali Khan Mahmudabad.
During the hearing, Justice Surya Kant asked the Haryana Additional Advocate General, "Have you responded to the Human Rights Commission? We read... Human Rights Commission has probably taken cognizance of the manner in which FIR was registered. Have you responded? You tell us about that also."
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The NHRC had taken suo motu cognizance on May 21, following a media report about Mahmudabad’s arrest and custody. According to the Commission’s press release, the allegations surrounding Mahmudabad’s arrest appeared to indicate a prima facie violation of his human rights and liberty. The NHRC directed the Director General of Police, Haryana, to submit a detailed report.
At the hearing, the bench of Justices Surya Kant and Dipankar Datta refused to ease Mahmudabad's bail conditions, which include restrictions on writing articles, at this stage. However, the Court suggested that this aspect be highlighted at the next hearing.
The Haryana Additional Advocate General informed the Court that a Special Investigation Team (SIT) had been formed as per the Court's earlier orders and the investigation was ongoing. The Court clarified that the SIT's investigation is limited to the two FIRs filed, which are currently under the Court's review.
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Mahmudabad faces charges under Sections 196, 152, and other provisions of the Bharatiya Nyaya Sanhita. These charges relate to acts that allegedly disturb communal harmony, make inflammatory assertions, threaten national sovereignty, and use words or gestures meant to insult a woman's modesty.
He was arrested on May 18 after the Haryana police filed an FIR based on his social media post about 'Operation Sindoor.' Mahmudabad remained in custody until May 21, when the Supreme Court granted him interim bail. However, the Court declined to stay the ongoing investigation and instructed the Haryana DGP to form the SIT to examine and understand the meaning of the professor's social media post.
“Have you responded to the Human Rights Commission? We read...Human Rights Commission has probably taken cognizance of the manner in which FIR was registered. Have you responded? You tell us about that also,” said Justice Surya Kant.
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The NHRC stated in a press release, "The gist of the allegations based on which Mahmudabad was arrested disclosed prima facie violation of his human rights and liberty."
Case Details : MOHAMMAD AMIR AHMAD @ ALI KHAN MAHMUDABAD Versus STATE OF HARYANA | W.P.(Crl.) No. 219/2025
