‘As one-time magnanimity’: SC asks Haryana if case against Ashoka University prof Mahmudabad can be closed

Ali Khan Mahmudabad. (File Photo)

The Supreme Court Tuesday gave the Haryana Government more time to respond to whether it would deny sanction to prosecute Ashoka University Professor Ali Khan Mahmudabad in the criminal case over his social media posts in the wake of Operation Sindoor last year.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi asked Additional Solicitor General S V Raju, who appeared for the Haryana Government, to take instructions in this regard after he pointed out that a sanction was pending.

“ASG SV Raju informs that though a chargesheet was filed in August 2025, no sanction has been accorded by the state government so far. He seeks more time to receive clear instructions on whether the state govt is inclined not to grant sanction as a one-time magnanimity and to close the issue. However, it is for the competent authority to take an appropriate decision for which we need not express any opinion,” the bench said, fixing it for hearing next after 6 weeks.

At the outset, Raju submitted that the chargesheet had been filed, but the court had yet to take cognisance of it. He said the sanction for two offences was still pending, without which the trial cannot proceed.

While CJI Surya Kant wondered if the government is not inclined to grant sanction, Justice Bagchi sought to know for how long it has been pending, and when it filed the chargesheet.

Raju responded that the chargesheet was filed on August 22, 2025.

As the court indicated that it would give Raju time to take instructions, Senior Advocate Kapil Sibal, appearing for Mahmudabad, pointed out that the court had said the criminal investigation cannot go beyond the post written.

“There is nothing in the matter. What if they grant a sanction?” he said while expressing apprehension.

CJI Surya Kant, however, said the court also did not want a situation in which, once it allows closure of the case, Mahmudabad goes back to writing whatever he wants. “If they show magnanimity, then you also have to be responsible,” the CJI remarked.

“Suppose you (Haryana) decide that the issue can be given burial, the matter ends. We are quite sure that he will also behave responsibly.”

Mahmudabad was arrested on May 18, 2025, following two First Information Reports (FIRs) over his posts on Operation Sindoor, which allegedly disparaged women officers in the Indian Armed Forces. On May 21 last year, the Supreme Court granted him interim bail but declined to stay the investigation into the FIRs.

Observing that Mahmudabad’s remarks amounted to “dog whistling”, the court directed the constitution of a Special Investigation Team (SIT) to probe the matter. On May 28, the court directed “that the investigation of the SIT shall be confined to the contents of the two FIRs which are subject-matter of these proceedings”.