Institute of Legal and Management Studies

During the hearing of the challenge to the arrest of Ashoka University Professor over Operation Sindoor remarks, the Supreme Court today (May 21) took a stern view on protests by students and academics condemning the arrest.

The bench of Justice Surya Kant and Justice NK Singh was hearing Professor Mahmudabad's plea challenging the Haryana Police FIR over his Facebook post on Operation Sindoor and his arrest.

Justice Kant referred to certain new reports which stated that other faculty staff and students voiced concerns over the arrest of Mahmudabad. Justice Kant expressed :

"Today only we read in the paper, that the students, the professors - if they dare to do anything, we will pass an order, It is not acceptable to us that these some so called private universities they open and all kinds of elements join hands there, and they start making irresponsible statements. We know how to deal with these people; they are not outside our jurisdiction"

Notably, as per reports, the Ashoka University Faculty Association issued a statement condemning the arrest of Mahmudabad and calling it a 'calculated harassment'. “We condemn the calculated harassment to which Professor Mahmudabad has been subjected: after being arrested early in the morning from his home in New Delhi, he was taken to Sonipat, not allowed access to necessary medication, and driven around for hours without any communication about his whereabouts,” the statement by faculty read.

It is said that the University's teaching staff is also taking turns in rotation to be present around Mahmudabad in the judicial custody, ensuring that adequate food and diabetes medication are given to him.

Justice Surya Kant also expressed that while one has freedom of speech and expression, nobody was concerned with duties. "Everybody talks about rights. As if the country for last 75 years was distributing rights!" he said.

Justice Kant also said that the petitioner had to use "polite, respectful and neutral language" to convey his feelings without hurting the sentiments of others.

Referring to the petitioner's comments, Justice Kant said, "This is what we call in the law - dog whistling!"

The Court, while refusing to stay the investigation, granted interim bail to the professor. To understand the true meaning of the language in the posts, the bench has also directed the constitution of a Special Investigation Team comprising senior IPS officers, who do not belong to Haryana or Delhi.

Case Details : MOHAMMAD AMIR AHMAD @ ALI KHAN MAHMUDABAD Versus STATE OF HARYANA | W.P.(Crl.) No. 219/2025