Ashoka University professor Ali Khan Mahmudabad was granted interim bail by the Supreme Court on May 21, after he was sent on a 14-day judicial custody by a district court in Sonipat. The Court also ordered the constitution of a three-member Special Investigation Team (SIT) to probe the charges against him.

“The country has faced a big challenge, and civilians were under attack. At this time, why are they trying to gain popularity?” Justice Kant questions. The apex court noted that the post that started with the horrors of war shifted towards political commentary.

Mahmudabad was arrested by Delhi Police over his Facebook post on Operation Sindoor from his residence in Greater Kailash and was handed over to Haryana Police. Two separate FIRs were filed against him over his Facebook post – one by the Haryana State Commission for Women Chairperson Renu Bhatia, and other by Jatheri village sarpanch Yogesh Jatheri.

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Why was Ali Khan Mahmudabad arrested?

Ali Khan Mahmudabad was arrested after the Haryana Women’s Commission took suo motu cognisance of his May 8 Facebook post that allegedly “disparaged women officers in the Indian Armed Forces” and promoted “communal disharmony”. 

In his Facebook post, he talked about how India has “strategcially” begun a “a new phase in terms of collapsing distinction between military and terrorist (non-state actors) in Pakistan”, adding that “Operation Sindoor resets all received notions of Indo-Pak relationships as the response to terrorist attacks will be met with a military response and removes any semantic distinction between the two”. 

“If you don’t deal with your terrorism problem, then we will! The loss of civilian life is tragic on both sides and is the main reason why war should be avoided,” he said. 

“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 on Facebook. 

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Mahmudabad added, “The optics of two women soldiers presenting their findings is important, but optics must translate to reality on the ground, otherwise it’s just hypocrisy. When prominent Muslim politicians said ‘Pakistan Murdabad’ and were trolled by Pakistanis for doing so-Indian right-wing commentators defended them by saying ‘he is our mulla’. Of course, this is funny, but it also points to just how deep communalism has managed to infect the indian body politic.”

“The grassroots reality that common Muslims face is different from what the government tried to show, but at the same time the press conference shows that an India, united in its diversity, is not completely dead as an idea,” he further said. 

Ashoka University professor’s statement

After receiving a summons from the Haryana State Women’s Commission on May 12, Mahmudabad shared a statement saying that his post was “misunderstood”. He added that the Commission has overreached its “jurisdiction” in the matter, tagging it a new form of “censorship” and “harassment”. 

“Contrary to the allegations, my post appreciated the fact that the armed forces chose Colonel Sofia Qureshi and Wing Commander Vyomika Singh for the press conference to highlight the fact that the dream of the founders of our Republic, of an India which is united in its diversity, is still very much alive. I even applauded members of the right wing who supported Colonel Qureshi and invited them to have the same attitude for common Indian Muslims who face demonisation and persecution on a daily basis,” he said in a statement dated May 14, before adding that there is “nothing remotely misogynistic” in his post.

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He went on to say, “My statements solely express concern over the rhetorical excesses and reckless warmongering exhibited by certain sections of the civilian public.” 

Earlier, the Supreme Court rejected BJP minister Vijay Shah’s apology and constituted a three-member SIT, comprising three senior IPS officers who are not from Madhya Pradesh. One of the officers should be a woman, the court said.

Vijay Shah courted controversy after he called Col Sofiya Qureshi the “sister of terrorists”.