Supreme Court Asks Haryana Govt If Case Against Prof Ali Khan Mahmudabad Can Be Closed

The Supreme Court today suggested that the State of Haryana take a lenient view and deny sanction to prosecute Ashoka University Professor Ali Khan Mahmudabad in the criminal case over his social media posts in the context of Operation Sindoor, as a one-time magnanimity.

The Court also said that if the state is willing to show such leniency, it was crucial that Mahmudabad also 'behave responsibly' in future.  

The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing the matter. 

At the outset, the CJI remarked, " The government is not inclined to grant sanction?" 

Additional Solicitor General SV Raju, appearing for the State of Haryana, informed that the sanction for prosecuting Muradabad was still pending. 

Justice Bagchi weighed in to ask, "For how long is it pending? When did you file the chargesheet?"

ASG replied that the chargesheet was filed on August 22, 2025. 

At this juncture, the CJI verbally said that if the state is taking a lenient view, then the Court may not probe into it. 

"If, suppose the competent authority is taking a view, may that, as a one-time kind of - taking a lenient view, the issue can be closed...in that case, we need not go into the merit." 

ASG responded that he will take instructions on this accordingly. 

The CJI, however, clarified that it is expected from the professor to also act responsibly in the event the court closes the matter. 

" We also don't want him to become....the moment we say, we are closing...then he will say that- now I will start writing any damn thing ...he also has to act in a very responsible manner....if they (state) shows magnanimity, we should also be equally responsible." 

Senior Adv Kapil Sibal, appearing for Mahmudabad, agreed to the above remark. 

The bench proceeded to pass the following order : 

"ASG  SV Raju informs that though a chargesheet was filed in August 2025, no sanction has been accorded by the state government so far. He seeks more time to have clear instructions as to whether the state govt is inclined not to grant sanction as a one-time magnanimity and close the issue."

"We post the matter after 6 weeks, the interim direction shall continue." 

The CJI further remarked, " Suppose the state decides that the issue can now belong in the burial, the matter ends. We are quite sure that he will also behave responsibly." 

Background

Mahmudabad was arrested on May 18 pursuant to an FIR lodged by Haryana police over his social media posts and remained in custody until May 21, when he was granted interim bail by the Supreme Court.

At the same time, the Court refused to stay the investigation and directed the Haryana DGP to constitute a Special Investigation Team comprising senior IPS officers, who did not belong to Haryana or Delhi, to “holistically understand the complexity of the phraseology employed and for proper appreciation of some of the expressions used in these two online posts".

Mahmudabad is facing offences under Section 196, 152 etc., of the Bharatiya Nyaya Sanhita, inter-alia, pertaining to acts prejudicial to maintaining communal harmony, making assertions likely to cause disharmony, acts endangering national sovereignty and words or gestures intended to insult a woman's modesty. He was also summoned by the Haryana State Commission For Women which is headed by Renu Bhatia.

Case Details : MOHAMMAD AMIR AHMAD @ ALI KHAN MAHMUDABAD Versus STATE OF HARYANA | W.P.(Crl.) No. 219/2025