NHRC Takes Suo Motu Action In Ashoka University Professor’s Arrest; Supreme Court Grants Interim Bail
Taking action on its own, the commission issued a formal notice to the Director General of Police, Haryana, asking for a detailed report on the case. The NHRC has given one week’s time to submit the report.
NEW DELHI:Today, 21st May: The National Human Rights Commission (NHRC) of India has taken suo motu action after the arrest of Ali Khan Mahmudabad, a professor from Ashoka University, over his social media post related to Operation Sindoor.
In a public statement released on Wednesday, the NHRC said:
“The Commission has noted that the report, which contains a gist of the allegations on the basis of which he has been arrested, discloses, prima facie, that the human rights and liberty of the said Professor have been violated. Therefore, it has deemed it to be a fit case for taking suo motu cognizance of the reported incident.”
Taking action on its own, the commission issued a formal notice to the Director General of Police, Haryana, asking for a detailed report on the case. The NHRC has given one week’s time to submit the report.
Meanwhile, the Supreme Court of India has stepped in to provide relief to Professor Ali Khan Mahmudabad, who is the Head of the Political Science Department at Ashoka University, located in Haryana.
On Wednesday, a bench of Justices Surya Kant and N Kotiswar Singh heard the matter and decided to grant interim bail to the professor. However, the Court did not agree to stop the ongoing police investigations.
The bench clearly stated:
“He has not made out any case for a stay on investigation.”
Even though the Supreme Court refused to put a hold on the two FIRs registered against him by the Haryana Police, it allowed the professor to be released from custody on temporary bail while the legal process continues.
Senior Advocate Kapil Sibal appeared today before a bench of Justice Surya Kant and Justice N Kotiswar Singh to argue in defence of Professor Mahmudabad, who is currently in jail over a controversial social media post.
During the hearing, Justice Surya Kant remarked, “Yes, everyone has the right to free speech and expression… Is it the time to talk about all of this? The country is already going through all this… monsters came and attacked our people… we have to be united. Why (do this) to get cheap popularity on these occasions?”
Mr Sibal contended that there was no criminal intent in the professor’s post.
To this, Justice Kant responded, “You should know what is happening. There is a right to free speech etc… where is the duty? As if the whole country for the last 75 years is only distributing rights and no duty.”
Justice Kant further observed that the professor’s post amounted to “dogwhistling.”
He added, “Very unfortunate for a society with free speech when choice of words is deliberately made to insult, humiliate and cause discomfort to the other side. He should not have lack of dictionary words to use. He can use language which does not hurt sentiments of others, use a neutral language.”
Continuing his submissions, Mr Sibal emphasised that the professor had no intention to incite communal unrest.
“He was just hurt. His wife is 9 months pregnant, but he is in jail. Now a second FIR by women commission. What did he say against women?” Mr Sibal questioned.
He was arrested by the Haryana Police on May 18 for making social media posts that authorities allege were objectionable in the context of Operation Sindoor, a recent military operation.
While hearing the matter, the Supreme Court made a strong remark:
“Monsters came and attacked our country.”
The Court also asked the professor:
“Why did you need to seek cheap popularity on the Internet?”
The professor’s arrest followed the registration of two separate FIRs (First Information Reports) at the Rai police station in Sonipat, Haryana.
The court noted that the professor’s remarks appeared “anti-war,” pointing out that he had highlighted the toll war takes on families and civilians, while also mentioning that countries manufacturing arms stand to benefit.
The bench said, “Anyone who is conversant with such language can probe this… because some words have dual meanings.”
However, the bench refused to halt the ongoing investigation. It instead directed the DGP of Haryana to set up a Special Investigation Team (SIT) comprising three IPS officers from outside Haryana and Delhi. The team will be led by an Inspector General of Police and will include at least one woman officer.
Meanwhile, the professor has been granted bail with three conditions:
- He shall not write or publish any article, post, or deliver any speech related to the case.
- He shall not make any comments on the Pahalgam attack or Operation Sindoor.
- He must surrender his passport.
The professor is facing two FIRs—one of which was filed by Renu Bhatia, Chairperson of the Haryana State Commission for Women. This FIR concerns his comments about the government’s decision to assign Colonel Sofiya Qureshi and Wing Commander Vyomika Singh to brief the media on Operation Sindoor.
In his earlier post, the professor had said he welcomed the praise from right-wing circles for Colonel Qureshi.
He added, “…but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP’s hate mongering be protected as Indian citizens. The optics of two women soldiers presenting their findings is important but optics must translate to reality on the ground otherwise it’s just hypocrisy.”
According to the Women’s Commission, the professor’s statements raise serious concerns about the “disparagement of women in uniform, including Col Qureshi and Wing Commander Singh, and undermining their role as professional officers in the Indian Armed Forces.”
In response, the professor stated that his words were misinterpreted. “…I am surprised that the Women’s Commission, while overreaching its jurisdiction, has misread and misunderstood my posts to such an extent that they have inverted their meaning,”
he said.
These FIRs were lodged by Renu Bhatia, the Chairperson of the Haryana State Commission for Women, and Yogesh Jathedi, the sarpanch of Jathedi village. Both complaints reportedly raised similar allegations concerning the same social media content posted by Mahmudabad.
On May 19, a local court had initially granted the Haryana Police two days of police custody in one of the FIRs, and sent him to judicial custody in the other.
However, on Tuesday, May 20, the Sonipat district court denied the State Police’s request to extend his police custody by another seven days. Instead, the court remanded Professor Mahmudabad to judicial custody in both cases.
The next court hearing has been scheduled for May 27, 2025.
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