The Supreme Court of India has given the Haryana government additional time to clarify its stance on whether it will grant sanction to prosecute Ashoka University professor Ali Khan Mahmudabad in a criminal case concerning his social media posts related to Operation Sindoor. The court suggested the state could consider a resolution as a gesture of "one-time magnanimity."
Court Seeks Clarity on Prosecution Sanction
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard the matter on Tuesday, January 6, 2026. Representing the Haryana government, Additional Solicitor General S V Raju informed the court that while a chargesheet was filed in August 2025, the necessary sanction from the state to prosecute under certain offences was still pending. Without this sanction, the trial cannot move forward.
The bench noted ASG Raju's submission and stated, "He seeks more time to receive clear instructions on whether the state govt is inclined not to grant sanction as a one-time magnanimity and to close the issue." The court emphasized that the final decision rests with the competent authority and refrained from expressing any opinion on the matter. The case has been scheduled for a hearing after six weeks.
Background of the Legal Proceedings
Professor Ali Khan Mahmudabad was arrested on May 18, 2025, following two First Information Reports (FIRs) registered against him. The FIRs pertained to his social media commentary on Operation Sindoor, which was alleged to have disparaged women officers in the Indian Armed Forces.
The Supreme Court granted him interim bail on May 21, 2025, but did not halt the investigation. At that time, the court observed that his remarks amounted to "dog whistling" and ordered the formation of a Special Investigation Team (SIT). A week later, on May 28, the court directed that the SIT's investigation must be confined strictly to the contents of the two FIRs.
During the recent hearing, Senior Advocate Kapil Sibal, representing Mahmudabad, reminded the court of its earlier directive that the criminal investigation could not go beyond the written post. He expressed apprehension about the potential grant of sanction by the state.
Balancing Magnanimity with Responsibility
The Chief Justice, in his remarks, presented a balanced view. While acknowledging the possibility of the state showing magnanimity, he also cautioned Mahmudabad. "If they show magnanimity, then you also have to be responsible," CJI Surya Kant stated.
The bench further added, "Suppose you (Haryana) decide that the issue can be given burial, the matter ends. We are quite sure that he will also behave responsibly." This exchange underscores the court's effort to find a resolution that closes the legal chapter while expecting responsible conduct from the academic in the future.
The core legal impasse remains the pending sanction for prosecution. ASG Raju confirmed that the chargesheet was filed on August 22, 2025, but the court has not yet taken cognizance of it due to the absence of the required sanction. The next six weeks will determine if Haryana opts for a path of magnanimity, leading to the closure of this high-profile case.
