SC extends stay on cognisance of chargesheet against Ashoka University professor

The Supreme Court on Tuesday (January 6) extended its order restraining the trial court from taking cognisance of the chargesheet filed by the Haryana Special Investigation Team in the FIR against Ashoka University professor Ali Khan Mahmudabad, who was booked over social media posts related to Operation Sindoor.

State seeks more time

A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi passed the order after Additional Solicitor General (ASG) SV Raju informed the court that although the chargesheet was filed in August 2025, the Haryana government has not yet granted sanction.

The ASG sought additional time to obtain clear instructions on whether the state government was inclined to withhold sanction as a one-time measure and bring the matter to a close.

The top court allowed the ASG to seek instructions and posted the matter after six weeks. The apex court orally remarked that it expects that Mahmudabad will behave responsibly during this period.

Also Read: SC stays sedition case against Ashoka University professor over Op Sindoor posts

"We also don't want that as soon as they (state government) decides not to grant sanction, you go and write any damn thing you want. If they show magnanimity then you also have to be responsible," it observed.

SC questions SIT probe

Senior advocate Kapil Sibal, appearing for Mahmudabad, submitted there is nothing in the matter.

On July 16, the top court questioned Haryana SIT's line of investigation in the case, saying "it misdirected itself".

It asked the Haryana SIT headed by a senior police officer to confine itself to the two FIRs against Mahmudabad over his contentious social media posts and see if there was an offence and submit its report in four weeks.

Probe limited to FIRs

The top court had relaxed the professor's bail condition imposed on May 21 and allowed him to write posts, articles and express any opinion except on the sub judice case.

On May 28, the top court said there was no impediment to the professor's right to speech and expression, but barred him from sharing anything online on the cases against him.

The top court had made it clear that the subject matter of investigation was two FIRs lodged against the professor and asked the Haryana police not to go "left and right" in the investigation and seek the "devices", which the cops said they would like to examine.

Also Read: Prof Mahmudabad case: Is SC lurching from one absurdity to another?

On May 21, the top court granted him interim bail but refused to stay the investigation against him.

The top court had also restrained the professor from expressing any opinion in relation to the terrorist attack on Indian soil or the counter-response given by the Indian armed forces.

It had directed a three-member SIT to look into the FIRs against him.

Arrest draws criticism

Haryana Police arrested Mahmudabad on May 18 after two FIRs were registered against him.

His contentious social media posts on Operation Sindoor, it is alleged, endangered the sovereignty and integrity of the country.

The two FIRs, one based on a complaint by the chairperson of Haryana State Commission for Women, Renu Bhatia, and the other on a complaint by a village sarpanch -- were lodged by Rai police in Sonipat district.

He was booked under BNS sections 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate actions aimed at insulting the modesty of a woman) and 196 (1) (promoting enmity between different groups on grounds of religion).

Also Read: No curbs on Ashoka prof’s freedom of speech, but can't comment on cases: SC

Several political parties and academicians condemned the arrest.