‘Government Not Inclined to Grant Sanction?’: SC Suggests Closing Case Against Ashoka University Professor Ali Khan Mahmudabad for Post on Operation Sindoor

Key Points

The Supreme Court has suggested that the Haryana government decline granting sanction for prosecution against Ashoka University professor Ali Khan Mahmudabad.

The Supreme Court on Tuesday, 6 January 2026, suggested that the Haryana government consider closing the criminal case against Ashoka University professor Ali Khan Mahmudabad by declining to grant sanction for his prosecution as a “one time magnanimity”. The observation came during a hearing on a plea filed by Mahmudabad challenging criminal proceedings initiated against him for two social media posts talking about Operation Sindoor from May 2025.

A bench of CJI Surya Kant and Justice Joymalya Bagchi noted that although a chargesheet had been filed against the academician in August 2025, the State government had not yet granted sanction to prosecute him. Without such sanction, the trial court cannot take cognisance of the case or proceed further.

The Chief Justice said the competent authority could take a lenient view and refuse sanction, which would effectively bring the matter to a close. He added that the court would not examine the merits of the case if the State decided to adopt such a course. However, the bench also underlined that any relief extended to Mahmudabad must be matched by responsible conduct on his part.

“We also don't want that as soon as they decide not to grant sanction, you go and write any damn thing you want. If they show magnanimity, then you also have to be responsible,” Kant observed, cautioning that relief should not be treated as a licence to make further controversial statements. He added that the court was confident Mahmudabad would “behave responsibly” if the matter was closed.

Additional Solicitor General S.V. Raju, appearing for the Haryana government, told the court that the sanction request had been pending since 22 August 2025. He sought time to obtain instructions on whether the State was inclined to waive sanction as a one time measure. The court granted six weeks for this purpose and directed that the interim protection already granted to Mahmudabad would continue in the meantime.

Senior advocate Kapil Sibal, representing Mahmudabad along with senior advocate Siddharth Luthra, agreed with the court’s emphasis on responsible conduct. Sibal reiterated that there was nothing in the social media posts to warrant prosecution, saying, “The court said, (the criminal investigation) cannot go beyond the post written. There is nothing in the matter ... what if they grant sanction?”

See Also: SC stays trial against Ashoka University professor booked for Op Sindoor posts

Ali Khan Mahmudabad’s Post on Operation Sindoor

The case arises from Mahmudabad’s arrest by Haryana Police on May 18, 2025, following two FIRs registered in Sonipat district. One FIR was based on a complaint by the chairperson of the Haryana State Commission for Women, Renu Bhatia, while the other followed a complaint by a village sarpanch. The police alleged that Mahmudabad’s posts on Operation Sindoor endangered the sovereignty and integrity of the country and attracted offences under various provisions of the Bharatiya Nyaya Sanhita.

In his post, Mahmudabad had condemned Pakistan’s terror network, adding that India would dismantle it itself, before going on to criticise warmongering online. He asked that those praising Colonel Sofiya Qureshi for leading the press briefing on Operation Sindoor also stand up for the victims of mob lynchings and hate crimes within India. He concluded his post by pointing to the communalism entrenched in Indian politics, saying that “optics must translate to reality on the ground otherwise it's just hypocrisy.” 

Mahmudabad was granted interim bail by the Supreme Court on May 21, 2025. While declining to halt the investigation at that stage, the court constituted a Special Investigation Team (SIT) comprising senior IPS officers to examine the posts in detail. The SIT was tasked with analysing the language and phraseology of the posts to assess whether they carried subtle or dual meanings that could amount to criminal offences.

In subsequent orders, the Supreme Court restrained the SIT from expanding the scope of the probe beyond the two FIRs. The court also exempted Mahmudabad from further appearances before the SIT after noting that he had already cooperated with the investigation, appeared multiple times, and handed over his electronic devices.

During Tuesday's hearing, Sibal also maintained that the investigation should remain confined strictly to the contents of the two FIRs. This was in context of the SIT investigations extending its purview to Mahmudabad’s travel history.

In an earlier direction, the apex court had also clarified that Mahmudabad was entitled to continue writing, provided he did not comment on the cases under investigation against him.

The matter will now be taken up after the State clarifies whether it intends to deny sanction and close the case.

[DS]

Suggested Reading: