6 months ago
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The Supreme Court connected Tuesday (January 6, 2026) suggested that the Haryana authorities amusement Ashoka University prof Ali Khan Mahmudabad, facing transgression probe for 2 contentious societal media posts connected Operation Sindoor, a “one-time magnanimity” by not giving authorisation for his transgression prosecution.
A Bench headed by Chief Justice of India Surya Kant made the connection to the State authorities aft learning that Haryana has been sitting connected the assistance of authorisation since August 2025, pursuing the filing of the chargesheet against Mr. Mahmudabad successful the proceedings court.
The proceedings justice would beryllium incapable to take cognisance of the case and determination up with the proceedings unless the State government, which is the competent authority, grants prosecution sanction.
“The competent authorization (Haryana government) tin instrumentality a lenient presumption and arsenic a one-time magnanimity not assistance authorisation truthful that the substance could beryllium closed,” Chief Justice Kant observed.
Additional Solicitor General S.V. Raju, for Haryana, was granted six weeks to get instructions from the State and revert to the tribunal connected the suggestion. Meanwhile, the proceedings tribunal would proceed to not instrumentality cognisance of the chargesheet against the academician.
The Chief Justice, however, said Mr. Mahmudabad besides had a work to enactment responsibly.
“The infinitesimal they (State) says they are closing (the case), helium should not commencement penning thing irresponsibly. If they amusement magnanimity, helium should besides beryllium arsenic responsible,” Chief Justice Kant remarked.
Senior advocator Kapil Sibal, on with elder advocator Siddharth Luthra, for Mr. Mahmudabad, said “absolutely”.
Also Read | Haryana constabulary yet to respond to announcement implicit professor’s arrest: NHRC
Chief Justice Kant, towards the extremity of the hearing, expressed assurance that Mr. Mahmudabad would “behave responsibly”.
In an earlier bid past year, the tribunal had recovered that the academician was “entitled” to proceed his writings, provided helium did not remark connected the cases nether probe against him. The Bench had further spared Mr. Mahmudabad from appearing earlier the Haryana Police Special Investigation (SIT) successful transportation with the investigation. This was aft learning that helium had already appeared earlier the SIT 4 times successful the past and handed implicit his idiosyncratic physics gadgets.
The apex tribunal had appointed the SIT to determination implicit the 2 societal media posts, to sift done their phraseology to glean subtle nuances oregon imaginable “dual meanings” which whitethorn magnitude to a transgression offence.
Mr. Sibal had alleged the SIT travelled beyond its jurisdiction successful a bid to grow the scope of the probe. It had adjacent sought details of the professor’s overseas trips successful the past. He had referred to a May 28, 2025 bid successful which the tribunal had specifically asked the SIT to beryllium “confined to the contents of the 2 FIRs”.
On May 21, the apex tribunal had granted interim bail to Mr. Mahmudabad successful the cases registered by the Haryana Police.
The tribunal had suspected the academician of indulging successful “dog whistling” done his societal media posts. It had tasked the SIT, comprising 3 elder IPS officers, to “holistically recognize the complexity of the phraseology employed and for the due appreciation of immoderate of the expressions utilized successful the 2 online posts”.
The Haryana Police had arrested Mr. Mahmudabad connected May 18. It was alleged that his societal media posts connected Operation Sindoor had endangered the sovereignty and integrity of the country.
The 2 FIRs — 1 based connected a ailment by the chairperson of Haryana State Commission for Women, Renu Bhatia, and the different connected a ailment by a colony sarpanch — were lodged by Rai constabulary successful Sonipat district.
