The Supreme Court on Monday agreed to hear a petition filed by an associate professor of Ashoka University, Sonipat, challenging his arrest over certain comments on Operation Sindoor.
Senior Advocate Kapil Sibal mentioned the matter before the Bench of Chief Justice of India BR Gavai and Justice Augustine George Masih.
Seeking the listing of the case on either tomorrow or the day after tomorrow, Sibal contended that Assistant Professor Ali Khan Mahmudabad had been arrested for making a patriotic statement.
CJI Gavai directed that the plea be listed.
Mahmudabad was remanded to two-day police custody on Sunday after the Haryana police arrested him from Delhi, following the registration of two separate cases.
Operation Sindoor refers to India’s cross-border military response to Pakistan, following the Pahalgam terror attack of April 22 that killed 26 civilians in India.
Mahmudabad allegedly wrote in a social media post that with Operation Sindoor, India has sent a message to Pakistan that if the country failed to dealed with its terrorism problem, then India would do so.
Criticising those advocating for a war, the Professor said the loss of civilian life was tragic on both sides and was the main reason why war should be avoided. Those mindlessly advocating for a war, have never seen one, let alone lived in or visited a conflict zone, he added.
Mahmudabad further urged the right-wing supporters praising Colonel Sofiya Qureshi, who led the media briefing on Operation Sindoor, to also speak up for victims of mob lynchings and arbitrary demolition of properties.
The ‘optics’ of having Colonel Qureshi and Wing Commander Vyomika Singh lead the briefings should be reflected in real change on the ground, said the Professor, adding that otherwise, it amounted to mere hypocrisy.
A case was registered against Mahmudabad under Sections 196 (promoting hatred), 197 (imputations and assertions prejudicial to national integration), 152 (endanger the sovereignty, unity, and integrity of India), and 299 (culpable homicide) of the Bharatiya Nyaya Sanhita (BNS), following a complaint filed by one Yogesh Jatheri.
Another first information report (FIR) was lodged against the Professor on the basis of a complaint filed by Haryana Women’s Commission Chairperson Renu Bhatia. he was booked for offences under Sections 353 (public mischief), 79 (insult to modesty) and 152 of BNS.
The State Women’s Commission had earlier termed Mahmudabad’s social media comments as disparaging toward women officers in the Indian Armed Forces, adding that it also promoted communal disharmony.
The Commission also issued a show-cause notice to Mahmudabad. In a statement posted on X (Twitter), Mahmudabad said that the Commission had completely misread his comments and inverted their meaning.
The Professor is expected to be produced before the trial court on May 20 at 2 pm.