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SC agrees to hear plea against arrest of Ashoka University prof Ali Khan Mahmudabad over Op Sindoor remarks

Ashoka University professor Ali Khan Mahmudabad is facing two FIRs based on a complaint by Renu Bhatia, Chairperson, the Haryana State Commission for Women, and another by Jatheri village sarpanch.

On May 12, NCW issued a notice to Mahmudabad after taking suo motu cognisance of his social media posts following Operation Sindoor on May 7. (File photo)

The Supreme Court Monday agreed to hear a plea challenging the arrest of Ashoka University professor Ali Khan Mahmudabad by the Haryana police over his remarks on Operation Sindoor, allegedly disparaging women officers in the Indian armed forces and promoting communal disharmony.

Senior Advocate Kapil Sibal told Chief Justice of India B R Gavai, who was presiding over a two-judge bench, “A professor of Ashoka University has been proceeded against for entirely patriotic statements.”

While Sibal urged the court to take it up on May 21 if possible, CJI Gavai agreed to hear it early, but the date will only be known when it’s listed.

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Mahmudabad is facing two First Information Reports (FIRs) based on a complaint by Renu Bhatia, Chairperson, the Haryana State Commission for Women, and another by Yogesh Jatheri, Jatheri village sarpanch who is also the general secretary of the BJP Yuva Morcha in Haryana.

Both FIRs have been lodged at the Rai police station of the state’s Sonipat district.

The FIR based on the complaint of Jatheri has been lodged under Section 196(1)B (promoting enmity between different groups on grounds of religion), 197(1)C (assertions prejudicial to national integration), 152 (act endangering sovereignty, unity and integrity of India) and 299 (malicious acts, intended to outrage religious feelings) of the Bharatiya Nyaya Sanhita (BNS).

The other FIR has been lodged under BNS Sections 353 (statements conducing to public mischief), 79 (word, gesture or act intended to insult modesty of a woman), and 152 (act endangering sovereignty, unity, and integrity of India).

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In a statement issued Sunday, Ashoka University said: “We have been made aware that Prof. Ali Khan Mahmudabad has been taken into police custody earlier today. We are in the process of ascertaining details of the case. The University will continue to cooperate with the Police and local authorities in the investigation, fully.”

On May 12, NCW issued a notice to Mahmudabad after taking suo motu cognisance of his social media posts following Operation Sindoor on May 7. The remarks were annexed in the show-cause notice. Mahmudabad was also summoned to appear before the Commission. The Commission has interpreted his remarks as “an attempt to vilify national military actions”.

In a statement to the media on May 14, Mahmudabad said that his remarks were “completely misunderstood” and claimed that the Commission had “no jurisdiction whatsoever” in the matter.

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