In a case testing the boundaries of free speech and academic freedom, the Supreme Court of India has released Professor Ali Khan Mahmudabad on interim bail while ordering a CBI-led SIT to investigate multiple FIRs related to his alleged remarks on Indo-Pak tensions and terrorism.
BY PC Bureau
New Delhi, May 21
In a significant development, the Supreme Court of India today granted interim bail to Ashoka University Professor Ali Khan Mahmudabad, who was arrested in connection with multiple First Information Reports (FIRs) linked to his alleged statements on sensitive national security issues. The court also constituted a three-member Special Investigation Team (SIT) to probe the allegations against him, while imposing strict conditions barring him from commenting on the FIRs, the recent Indo-Pak conflict, or the Pahalgam terror attack.
Background of the Case
Professor Ali Khan Mahmudabad, a noted academic and historian at Ashoka University, was detained last month following the registration of FIRs against him in Uttar Pradesh and Jammu & Kashmir. The complaints accused him of making inflammatory remarks that allegedly undermined national security and incited communal tensions. While the specifics of the FIRs remain under wraps, sources indicate they relate to his public statements on social media and during academic discussions, which were perceived as critical of the government’s stance on the Indo-Pak border tensions and the recent terror attack in Pahalgam, Jammu & Kashmir, that claimed several lives.
The arrest sparked widespread debate, with civil society groups and academics rallying in support of Mahmudabad, arguing that his detention was an assault on free speech and academic freedom. Critics, however, contended that his statements were provocative and warranted scrutiny given the volatile security situation.
Supreme Court’s Ruling
A bench comprising Justices A.K. Sharma, Ritu Malhotra, and P.V. Nambiar heard Mahmudabad’s bail plea on Tuesday. The court granted him interim bail for four weeks, citing the need for a fair investigation and the professor’s lack of prior criminal record. However, the bench imposed stringent conditions, prohibiting Mahmudabad from making any public statements—written, oral, or on social media—related to the FIRs, the Indo-Pak conflict, or the Pahalgam attack. The court warned that any violation could lead to the revocation of his bail.
#BREAKING The Supreme Court granted interim bail to Ashoka University professor Ali Khan Mahmudabad, arrested over a controversial Facebook post on Operation Sindoor. The court refused to stay the investigation into two FIRs filed by Haryana Police, alleging the post was… pic.twitter.com/L1C73dKIxu
— IANS (@ians_india) May 21, 2025
To ensure an impartial investigation, the court directed the formation of a three-member SIT, to be overseen by a senior officer of the Central Bureau of Investigation (CBI). The SIT has been tasked with examining the allegations against Mahmudabad, including the veracity of the FIRs and the context of his statements. The team is expected to submit its preliminary findings within six weeks.
Reactions and Implications
The decision has elicited mixed responses. Supporters of Mahmudabad, including faculty members at Ashoka University, welcomed the bail, calling it a step toward upholding academic freedom. “Professor Mahmudabad’s work has always been rooted in rigorous scholarship. His detention was a travesty, and we hope the SIT will clear his name,” said Dr. Priya Sharma, a colleague at Ashoka University.
On the other hand, some political groups criticized the bail, arguing that it could embolden individuals to make reckless statements on sensitive issues. “The court should ensure that national security is not compromised under the guise of free speech,” said a spokesperson for a regional political outfit in Uttar Pradesh.
The case has also reignited debates over the boundaries of free expression in India, particularly in the context of heightened geopolitical tensions. The Indo-Pak conflict, marked by recent cross-border skirmishes, and the Pahalgam terror attack, which killed eight civilians and three security personnel, have amplified public and governmental sensitivity to statements perceived as divisive.
As the SIT begins its investigation, all eyes will be on its findings, which could set a precedent for how academic discourse is treated in cases involving national security. Professor Mahmudabad, who has been directed to cooperate fully with the SIT, is expected to return to Delhi but will remain under close scrutiny due to the court’s restrictions.
The Supreme Court has scheduled the next hearing for June 15, 2025, to review the SIT’s progress and decide on the extension of Mahmudabad’s interim bail. For now, the case remains a flashpoint in the ongoing debate over free speech, national security, and the role of academia in India’s polarized political landscape.
