The Supreme Court on Monday closed criminal proceedings against Ashoka University professor Ali Khan Mahmudabad over his social media posts on Operation Sindoor, after the Haryana government agreed to the court’s suggestion to refuse sanction for his prosecution as a “one-time magnanimity”.
A bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi recorded the statement of the state and directed closure of the case against Mahmudabad in the belief that he will act in a prudent manner in future.
“Very gracefully the state, as a one-time magnanimity, has decided not to grant sanction for prosecution. Consequently, the proceedings pending before the Judicial Magistrate First Class Sonepat, where charge sheet is already filed, is directed to be closed for want of prosecution,” the order said.
The charge sheet against the professor was filed in August 2025 under various provisions of the Bharatiya Nyaya Sanhita (BNS) pertaining to acts endangering unity, sovereignty and integrity of India.
“This case is now a closed chapter. As a one-time magnanimity, the state has decided to refuse sanction,” additional solicitor general (ASG) SV Raju, appearing for the Haryana government, said.
The court had made the suggestion on January 6.
The ASG, however, urged the court to pass an order that the petitioner should not indulge in such acts in future.
The court in its order said, “We have no reason to doubt that the petitioner, a highly learned professor and domain expert will act in a prudent manner in future.”
The professor’s counsel, senior advocate Siddharth Luthra, requested the court to also return the passport, which lies deposited with the trial court.
Mahmudabad was arrested by the Sonepat police on May 18 last year following two FIRs lodged against him over his May 8 Facebook post, in which he said the optics of the media briefing on Operation Sindoor by women officers, Colonel Sofiya Qureshi and Wing Commander Vyomika Singh, were important but would be hypocrisy if they did not translate to reality on the ground. The FIRs alleged that Mahmudabad had disparaged women officers in the Indian armed forces and promoted communal disharmony with his posts.
He was granted bail on May 21 last year and was subsequently allowed to write any online post, article or any opinion except that he should not comment on the matter which is sub-judice.
“We are all responsible citizens but sometimes the situation becomes so sensitive,” the court said. “We do not want any discussion in open court as things may be read between the lines.”
Under BNS, for prosecuting offences of promoting enmity (section 196), assertions prejudicial to national integrity (section 197) and statements conducing to public mischief (section 353) requires prior sanction of either the central or state government.
Earlier, the apex court quashed criminal proceedings against Mahmudabad in one of the cases and directed the trial court not to proceed further in the second case pending against him in Sonepat.
