Supreme Court Declines to Halt Probe Against Ashoka University Professor Ali Khan Mahmudabad, Grants Interim Bail Amidst National Debate
In a significant development on Wednesday, the Supreme Court of India declined to put a stay on the ongoing investigation against Ashoka University professor Dr. Ali Khan Mahmudabad, who was arrested over controversial social media posts related to “Operation Sindoor.”
However, the apex court granted him interim bail, providing a reprieve amidst a highly polarized and politically charged situation.
The decision was delivered by a bench comprising Justice Surya Kant and Justice N.K. Singh, who observed that the court saw no legal grounds to halt the investigation at this stage. According to the legal news platform Live Law, which provided live updates on the proceedings, the bench explicitly stated: “No case of staying the investigation is made out.”
Special Investigation Team Ordered
While the investigation will continue, the Supreme Court issued a directive aimed at ensuring impartiality in the process. The court instructed the Director-General of Police (DGP) of Haryana to constitute a Special Investigation Team (SIT) to handle the probe. Importantly, the court mandated that this team be composed of three officers who are not affiliated with either Haryana or Delhi police forces, in order to eliminate any perception of bias or political influence.
Further emphasizing gender sensitivity, the court ordered that at least one of the three officers must be a woman, adding a layer of oversight. The SIT is required to be formed within 24 hours, and Professor Mahmudabad has been directed to fully cooperate with the investigation once released.
“This interim bail is granted not as a judgment on guilt or innocence,” the bench clarified, “but to facilitate an unhindered and impartial investigation.” The court made it clear that this was a procedural measure, not a substantive ruling on the case itself.
Court Issues Stern Warning to Protesters
During the hearing, the bench also expressed concern about the increasing agitation and campus protests taking place in support of Professor Mahmudabad. A stern warning was issued by the judges to students, faculty members, and others who might attempt to pressure the legal process through public demonstrations.
“We read in the newspaper that students and professors are planning protests,” the bench observed. “If they dare to cross the line or interfere with legal proceedings, we will not accept this. If they try to join hands and influence the course of justice, we know how to deal with such actions, and they are well within our jurisdiction.”
The cautionary note from the bench was widely seen as a message that judicial independence and due process must be respected, regardless of public sentiment.
Indira Jaising Criticizes Double Standards
The arrest of Professor Mahmudabad and the handling of his case have sparked considerable debate among legal experts, academics, and civil society figures. Earlier on Wednesday, Senior Supreme Court advocate Indira Jaising drew attention to what many have described as stark inconsistencies in the judicial treatment of different individuals in similar circumstances.
Jaising highlighted the contrast between the treatment of Professor Mahmudabad and that of Madhya Pradesh minister Vijay Shah, who made derogatory remarks in the wake of Operation Sindoor. Shah allegedly referred to a woman army officer involved in the operation as a “sister of a terrorist.”
Despite these inflammatory comments, Shah received protection from arrest by the Supreme Court—a move that has raised eyebrows across the legal and political landscape.
Taking to social media, Jaising commented: “How cruel is our legal system. Ali Mahmudabad and his wife are expecting their first child, yet he sits in jail. Meanwhile, a UP Minister who insulted a woman army officer gets a no-arrest order from the Supreme Court.”
Her comments have been echoed by others, sparking fresh calls for judicial accountability and equality before the law. Critics argue that while public figures with political connections often receive favorable treatment, academics and dissenting voices face harsh scrutiny and swift punitive actions.
The Broader Context
Professor Ali Khan Mahmudabad is a respected academic and historian, known for his work on Indian political history and Islamic thought. His arrest, stemming from social media posts that allegedly questioned the framing and narrative around Operation Sindoor, has triggered a wave of concern within India’s intellectual and academic communities.
With the Supreme Court now involved, and a neutral SIT being set up under its directive, the case is likely to remain under close national scrutiny.
The ruling underscores the delicate balance the judiciary is attempting to strike between preserving individual freedoms, upholding law and order, and maintaining public confidence in the impartiality of the legal system.
As the investigation proceeds, all eyes will remain on the outcome, which could set important precedents for freedom of expression, academic independence, and the limits of lawful dissent in contemporary India.
