Senior Advocate Kapil Sibal is representing Professor Mahmudabad in the Supreme Court, which on 19 May agreed to hear a Public Interest Litigation challenging the arrest.
Published May 19, 2025 | 5:53 PM ⚊ Updated May 19, 2025 | 5:53 PM
Professor Ali Khan Mahmudabad was arrested on 18 May from his residence in New Delhi
Synopsis: Ashoka University Professor Ali Khan Mahmudabad, who was arrested by Haryana Police on 18 May for Facebook posts made after Operation Sindoor, has found widespread support from academics, civil society, and opposition leaders, who has termed the charges ‘frivolous’ and the the arrest as a threat to academic freedom. The Supreme Court has agreed to hear a Public Interest Litigation challenging his arrest in the next few days.
The arrest of Ashoka University Professor Ali Khan Mahmudabad on charges of ‘sedition’ for Facebook posts critiquing Operation Sindoor, has triggered a wave of condemnation from academics, civil society, and opposition parties.
Professor Mahmudabad, a historian and political scientist, and Head of the Political Science Department at Ashoka University, was arrested on 18 May from his residence in New Delhi by Haryana Police and taken to Sonipat.
He has found widespread support online for his posts and for demands for his immediate release, by fellow faculty members, civil society members, and political activists who allege that the ‘frivolous’ charges against him represent a broader assault on dissent and freedom of expression under the National Democratic Alliance (NDA)-led Union government and Bharatiya Janata Party (BJP)-ruled state governments.
Meanwhile, Senior Advocate Kapil Sibal took the case to the Supreme Court, which on 19 May agreed to hear a Public Interest Litigation (PIL) challenging the arrest, according to the Indian Express.
The PIL is expected to be heard before a bench led by Chief Justice BR Gavai on 20 or 21 May.
The Ashoka University Faculty Association condemned the arrest as “calculated harassment”. In a statement shared by Maya Mirchandani, Head of the Media Studies Department at Ashoka University, faculty members said:
“We condemn the calculated harassment to which Ali Khan Mahmudabad has been subjected: after being arrested early morning from his home in New Delhi, he was taken to Sonipat, not allowed access to important medication and driven around for hours without any communication about his whereabouts.
“Ali Khan Mahmudabad is well-versed in diverse literary and linguistic traditions, and is a widely acclaimed expert and scholar of history and political science in South Asia and beyond…
“All members of the Ashoka University community can attest to his personal kindness, his concern for others and his tireless commitment to sharing knowledge and resources.
“We demand the immediate and unconditional release of Ali Khan Mahmudabad and the dropping of all charges against him.”
In an internal email on Sunday, the Committee for Academic Freedom (CAF) at Ashoka University called the arrest “disproportionate punishment made on flimsy grounds” and “a fundamental attack on academic freedom”, according to the Indian Express.
“Professor Mahmudabad’s statements on social media and elsewhere express a deep respect for the Indian armed forces, including women officers, while calling for peace and rationality,” the email read.
“This is a clear curtailment of his freedom as an academic and public intellectual… We call upon Ashoka University to publicly stand by Professor Mahmudabad.”
The Faculty Association of @AshokaUniv strongly condemns the arrest of Professor Ali Khan Mahmudabad, Associate Professor and Head of the Department of Political Science, on 18 May 2025, on groundless and untenable charges. 1/-
— Maya Mirchandani 🇮🇳 (@maya206) May 18, 2025
Similarly, a public letter campaign launched by scholars and civil society had already gathered over 1,200 signatures by 16 May. The letter stated that his posts:
“Were a critique of jingoism, not the armed forces,” and praised “his commitment to peace and harmony”.
The Democratic Teachers Front (DTF) issued a press release on 18 May calling the arrest “a blatant misuse of legal provisions to criminalise dissent and stifle academic freedom”. The DTF said:
“To conflate such critiques with ‘sedition’ or threats to sovereignty is not only legally untenable but also undermines the very foundations of constitutional democracy…
“This custody sets a dangerous precedent, signalling that critique of government policies – no matter how well-reasoned – may be met with punitive government action…
“We urge academic communities and the wider democratic movement to resist this assault on freedom through constitutional means.”
Similarly, Pawan Khera, Chairman of the Media and Publicity Department of the Congress, said on X:
“Ali Khan Mahmudabad has been arrested for a thoughtful Facebook post. This is the state of New India under the Modi government…
“A historian and academic is jailed not for inciting violence but for advocating against it. His crime? Daring to speak truth to power, exposing the BJP’s cynical communal narrative, and calling out the hypocrisy of chest-thumping nationalism…
“His only mistake is that he wrote this post. And his other mistake is his name.”
Ali Khan Mahmudabad has been arrested for a thoughtful Facebook post. This is the state of New India under the Modi government.
A historian and academic is jailed not for inciting violence but for advocating against it. His crime? Daring to speak truth to power, exposing the… pic.twitter.com/wLiVNFujTE
— Pawan Khera 🇮🇳 (@Pawankhera) May 18, 2025
Asaduddin Owaisi, President of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) and Hyderabad MP, wrote:
“Utterly condemnable. If true, Haryana Police reportedly arrested him from Delhi, violating legal process. This targets an individual for his opinions; his post was not anti-national or misogynistic. A mere complaint by a BJP worker made Haryana Police take action.”
Activist Yogendra Yadav called the arrest “shocking” and questioned the legitimacy of the charges:
“Please read this post by him and ask yourself: What is anti-women about this? How does this spread religious hatred or strife? And how on earth does it constitute an ‘act endangering sovereignty, unity and integrity of India’? Kuchh bhi?”
Veteran lawyer and activist Prashant Bhushan shared Mahmudabad’s original post and added:
“Absolutely astounding that Professor Mahmudabad was arrested for this post! I cannot disagree with any of this!”
Absolutely astounding that Professor Mahmudabad was arrested for this post! I can’t disagree with any of this! pic.twitter.com/ePkVYCoOBS
— Prashant Bhushan (@pbhushan1) May 18, 2025
Despite the uproar, Ashoka University issued a statement distancing itself from the professor’s views, saying they were made in his “individual capacity” and did not reflect the institution’s position.
The university expressed “pride in India’s armed forces” and committed to cooperating with the ongoing investigation.
The arrest stems from a series of social media posts by Professor Mahmudabad on 8 May 2025, following India’s military operation ‘Operation Sindoor’, launched on 7 May in response to the 22 April terror attack in Pahalgam that killed 26 tourists.
In the posts, Mahmudabad reflected on the symbolism of the press briefing, which was led by Colonel Sofia Qureshi and Wing Commander Vyomika Singh, both women officers, alongside Foreign Secretary Vikram Misri.
“I am very happy to see so many right-wing commentators applauding Colonel Sophia Qureishi but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP’s hate mongering be protected as Indian citizens,” he wrote.
“The optics of two women soldiers presenting their findings is important, but optics must translate to reality on the ground, otherwise it is just hypocrisy.”
In another post titled The blind bloodlust for war!, he critiqued the subsequent militarism and jingoism rampant on TV media and on social media:
“A fleeting glimpse of what India could be when united in its diversity… but this picture is fleeting. It has little to do with the grassroots reality of India’s Muslims, Dalits, tribals, or even poor upper castes who are forced to contend daily with dehumanisation, erasure and now, genocide,” he wrote.
“No sane Indian or Pakistani supports terrorism. No Muslim accepts the killing of innocents. And no one questions the bravery of our soldiers… But the line between groups like Jaish, Lashkar-e-Taiba (LeT) etc and the Pakistani army has always been blurred and continues to be.”
On 12 May, the Haryana State Commission for Women issued a notice to Mahmudabad, alleging that the remarks “disparaged women officers”, “promoted communal disharmony”, and “vilified national military actions”.
He was summoned to appear on 15 May but did not attend, citing lack of jurisdiction and misrepresentation of his comments.
He was arrested on 18 May, based on two First Information Reports (FIRs) filed in Sonipat under the Bharatiya Nyaya Sanhita (BNS), invoking Section 152 (endangering sovereignty, unity and integrity of India), Section 196 (promoting enmity between groups), Section 79 (insulting the modesty of a woman), and Section 353 (public mischief).
The FIRs were registered based on two complaints:
One by Yogesh Jatheri, BJP Yuva Morcha leader and village sarpanch, accusing Mahmudabad of inciting communal sentiments and endangering India’s sovereignty.
Another by Renu Bhatia, Chairperson of the Haryana Women’s Commission, alleging that his remarks insulted women’s modesty and incited public mischief.
(Edited by Dese Gowda)
