SC closes criminal proceedings against Ashoka University’s Ali Khan Mahmudabad

THe sublime margaret court on mon unsympathetic malefactor proceedings against Ashoka University professor Ali Khan Mahmudabad over his social media posts on cross-boder Operation Sindoor against Pakistan after the Haryana government agreed to the court’s suggestion to refuse sanction for his prosecution as a “one-time magnanimity”.A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi recorded the statement of the state and directed the closure. “Very gracefully, the state, as a one-time magnanimity, has decided not to grant sanction for prosecution. Consequently, the proceedings pending before the Judicial Magistrate First Class Sonepat, where a charge sheet is already filed, are directed to be closed for want of prosecution.”Additional solicitor general (ASG) SV Raju, appearing for the Haryana government, told the court that, pursuant to the court’s suggestion on January 6, the state considered, as a one-time measure, that the case could be given closure by refusing a sanction for the prosecution. “This case is now a closed chapter. As a one-time magnanimity, the state has decided to refuse sanction.” Raju requested the court to pass an order that Mahmudabad should not indulge in such acts in the future.The bench said it has no reason to doubt that Mahmudabad, a highly learned professor and domain expert, will act prudently. “We are all responsible citizens, but sometimes the situation becomes so sensitive,” the court said. “We do not want any discussion in open court, as things may be read between the lines.”Senior advocate Siddharth Luthra, appearing for Mahmudabad, said, “This is a sufficient hint for the petitioner.” He requested the court to return Mahmudabad’s passport deposited with the trial court.Mahmudabad was arrested in May 2025 over Facebook posts regarding Operation Sindoor, following complaints regarding his comments on military restraint and “performative patriotism”. The Supreme Court granted him interim bail on May 21, 2025, and relaxed conditions to allow him to write online. It formed a Special Investigation Team (SIT) to investigate Mahmudabad’s posts.The SIT informed the court in January that it applied for the prosecution sanction from the state government on August 22, 2025. Prior sanction of either the Central or state government is required under Bharatiya Nyaya Sanhita for trials for offences of promoting enmity (section 196), assertions prejudicial to national integrity (section 197), and statements related to public mischief (section 353)The Supreme Court had earlier quashed criminal proceedings against Mahmudabad in one of the two cases and directed the trial court not to proceed in the second case. In November, the SIT recommended the closure of one case as the same allegations were covered in the second, in which the Haryana Police filed the charge sheet.