New Delhi, Aug 26: The Supreme Court on Monday stayed the trial against Ashoka University faculty member Ali Khan Mahmudabad in connection with a Facebook post he made on Operation Sindoor, India’s military response to Pakistan following the April 22 Pahalgam terror attack.
A Bench of Justices Surya Kant and Joymala Bagchi directed that no charges be framed and no cognisance be taken of the chargesheet filed against Mahmudabad in FIR No. 147, reported Bar and Bench.
The order came after Additional Solicitor General (ASG) SV Raju told the Court that while one of the two FIRs registered against Mahmudabad had been closed, a chargesheet was filed in the other.
Appearing for Mahmudabad, Senior Advocate Kapil Sibal criticised the move, calling it “persecution,” and said a Special Investigation Team (SIT) had earlier been asked to file its report before the Court.
Mahmudabad was booked in two FIRs over his Facebook posts. In them, he condemned Pakistan-sponsored terrorism but also argued that praise for Indian Army officer Colonel Sofiya Qureshi, who briefed the media on Operation Sindoor, should reflect in real accountability. He further urged right-wing groups to speak up against mob lynching.
The first FIR was lodged on a complaint by Yogesh Jatheri, invoking offences under the Bharatiya Nyaya Sanhita (BNS) relating to promoting hatred and threatening sovereignty. The second was filed by Haryana Women’s Commission Chairperson Renu Bhatia, citing public mischief and insult to modesty.
Mahmudabad was arrested by Haryana Police and sent to judicial custody before being released on interim bail by the Supreme Court in May. The Court had also set up an SIT to probe the matter, but later criticised it for expanding the scope of investigation beyond the two FIRs.
On Monday, the Bench reiterated that Mahmudabad is free to write articles and social media posts, except on matters pending before the Court.
