SC to Hry: Come clear on nod to prosecute prof
New Delhi, Jan. 7 -- The Supreme Court on Tuesday asked the Haryana government whether it is interested in declining sanction for prosecuting Ashoka University professor Ali Khan Mahmudabad over his social media posts on Operation Sindoor and nudged the state to consider taking a "sympathetic" view.
Dealing with a petition filed by Mahmudabad for clubbing the cases against him, a bench headed by Chief Justice of India (CJI) Surya Kant said, "Once the state is willing to take a sympathetic view, we need not go into the merits."
At the same time, the court also cautioned the petitioner from posting such messages in future reminding the petitioner that if the state decides to give a "burial" to the case, there is duty on his part to act responsibly.
The bench, also comprising justice Joymalya Bagchi, said, "If we close this case, then he may start posting again. We are sure if the state shows magnanimity, the petitioner will act responsibly."
Additional solicitor general (ASG) SV Raju appearing for Haryana sought time to take instructions from the state. He said, "We had applied for sanction from the state government on August 22, 2025. Sanction has not been granted."
The top court also extended its order restraining the trial court from taking cognisance of the chargesheet filed by the Haryana SIT in the FIR against Mahmudabad.
Senior advocate Kapil Sibal, appearing for Mahmudabad, submitted there is nothing in the matter. On July 16, the top court questioned Haryana SIT's line of investigation in the case, saying "it misdirected itself". It asked the SIT headed by a senior police officer to only confine itself to the two FIRs against Mahmudabad over his contentious social media posts and see if there was an offence and submit its report in four weeks.
The top court had relaxed the professor's bail condition imposed on May 21 and allowed him write posts, articles and express any opinion except on the sub judice case. On May 28, the top court said there was no impediment on the professor's right to speech and expression, but barred him from sharing anything online on the cases against him.
The police had arrested Mahmudabad on May 18 after two FIRs were registered against him. His contentious social media posts on Operation Sindoor, it is alleged, endangered the sovereignty and integrity of the country....
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