The Supreme Court on Monday (May 21) gave interim bail to Ashoka University professor Ali Khan Mahmudabad, who had been arrested over a social media post regarding Operation Sindoor. However, the court didn’t hold back in its criticism of the professor’s words, questioning his intent and calling the post an attempt at “cheap popularity”.
The court said the country had faced a major crisis and this was not the time to make statements that could disturb national unity. "Monsters came all the way and attacked our innocents," the bench observed.
‘Dog whistling’ and timing questioned by SC
The bench, comprising Justice Surya Kant and Justice N Kotiswar Singh, questioned why the professor would choose this moment to make such comments.
“Everybody has a right to express free speech. But is it the time to talk of this much communal...? The country has faced a big challenge. Monsters came all the way and attacked our innocents. We were staying united. But at this juncture... why to gain cheap popularity on this occasion?” Justice Kant asked, as reported by LiveLaw.
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The court also referred to the professor’s comments as “dog whistling”—a legal term describing language that indirectly stirs up certain groups while maintaining deniability.
“He is a learned man, he cannot be said to be short of words,” the court added, questioning why he chose to post something “insulting, humiliating and putting others in discomfort” during such a sensitive time.
No stay on probe, SIT to be formed
While granting Mahmudabad bail, the Supreme Court made it clear that the investigation against him would continue. The court directed Haryana’s DGP to form a Special Investigation Team (SIT) within 24 hours, made up of senior IPS officers not from Haryana or Delhi.
The SIT has been tasked with examining the content of the professor’s post and determining its actual meaning. The court also instructed Mahmudabad to fully cooperate with the investigation.
Strict conditions for bail
Mahmudabad’s release came with three specific conditions:
- He cannot write or publish anything related to the case.
- He is barred from commenting on the Pahalgam terror attack or Operation Sindoor.
- He must surrender his passport.
Ashoka University responds
Following the interim bail order, Ashoka University expressed relief at the decision.
“We are relieved and heartened by Prof Ali Khan Mahmudabad being granted interim bail by the Hon’ble Supreme Court. It has provided great comfort to his family and all of us at Ashoka University,” the university said in an official statement.
