Haryana Drops Prosecution Against Ashoka Prof Over 'Operation Sindoor' Posts

In a significant development concerning academic freedom and freedom of speech in India, the Haryana government has decided not to grant sanction to prosecute Ashoka University Professor Ali Khan Mahmudabad. This decision, communicated to the Supreme Court on March 16, 2026, effectively closes the criminal proceedings against him, which stemmed from his social media posts related to 'Operation Sindoor'. Professor Mahmudabad, an Associate Professor and Head of the Department of Political Science at Ashoka University, was arrested on May 18, 2025. This arrest followed the registration of two First Information Reports (FIRs) against him in Haryana. One FIR was filed based on a complaint by Haryana State Commission for Women chairperson Renu Bhatia, and the other by a village sarpanch, Yogesh Jatheri. The charges invoked against him included serious offences under the Bharatiya Nyaya Sanhita (BNS) sections, such as 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate actions aimed at insulting the modesty of a woman), and 196 (promoting enmity between different groups on grounds of religion). The controversy originated from social media posts made by Professor Mahmudabad in May 2025, commenting on 'Operation Sindoor'. 'Operation Sindoor' refers to India's cross-border military action against Pakistan, launched in response to the Pahalgam terror attack of April 22, 2025. In his Facebook post, Professor Mahmudabad criticized Pakistan-sponsored terrorism and denounced war. He also lauded Colonel Sofiya Qureshi, who led India's press briefings on Operation Sindoor, but crucially, he underscored that the 'optics' of two women officers leading such briefings must 'translate to reality on the ground' regarding the treatment of minorities in India. He suggested that right-wing supporters applauding Colonel Qureshi should also speak up against incidents like mob lynchings and arbitrary bulldozing, and advocate for the protection of victims of 'BJP's hate-mongering' as Indian citizens. Professor Mahmudabad's arrest immediately drew widespread criticism from various political parties, academicians, and civil society members, raising concerns about free speech and academic freedom. He challenged the FIRs and his arrest in the Supreme Court. On May 21, 2025, the Supreme Court granted him interim bail, though it initially declined to stay the investigation. The Court, while granting bail, orally deprecated his posts and directed the constitution of a Special Investigation Team (SIT) to discern the real meaning of the posts and ascertain if there was any criminality involved. Subsequently, in August 2025, the Supreme Court further intervened, staying the trial court from taking cognizance of the chargesheet filed by the Haryana SIT in one of the FIRs against Mahmudabad. The Court was informed that although a chargesheet had been filed in August 2025, the Haryana government had not yet granted the necessary sanction for prosecution for two of the offenses. This lack of sanction meant the criminal trial could not proceed. In a crucial hearing on January 6, 2026, the apex court extended its order restraining the trial court and had explicitly 'urged' or 'suggested' the Haryana government to reconsider the matter and potentially close the case by declining the sanction for prosecution. The Additional Solicitor General (ASG) S.V. Raju, representing the Haryana government, informed a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi on March 16, 2026, that the state had decided against prosecuting Professor Mahmudabad. The ASG stated that Haryana was showing a 'one-time magnanimity' in the matter and had officially refused the sanction for prosecution on March 3, 2026. Taking note of this submission, the Supreme Court quashed the criminal proceedings against Professor Mahmudabad, bringing an end to the protracted legal battle. While disposing of the matter, the bench also issued a word of caution to Professor Mahmudabad. Chief Justice Kant remarked that while he had no reason to doubt that a highly learned person like the professor would act prudently in the future, 'sometimes writing in between the lines creates more problems. At times, the situation is so sensitive that we all have to exercise caution.' The court further observed that such situations demand responsibility from all citizens. Senior advocate Sidharth Luthra, representing Mahmudabad, expressed gratitude for the development and acknowledged the court's caution. This case highlights the ongoing discourse in India regarding the scope of freedom of speech and academic freedom, particularly when it intersects with sensitive national issues. Academic freedom, though not explicitly mentioned, is protected under Article 19(1)(a) of the Indian Constitution, guaranteeing the right to freedom of speech and expression. However, this right is subject to reasonable restrictions. The Supreme Court's intervention and the Haryana government's ultimate decision underscore the judiciary's role in safeguarding constitutional liberties while also emphasizing the responsibility that comes with public commentary in a diverse and often volatile social landscape.

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