The Haryana government on Monday told the Supreme Court that it will show "magnanimity" as a one-time gesture and not grant sanction to prosecute Ashoka University faculty member Ali Khan Mahmudabad over certain social media comments he made last year on India's cross-border military action, Operation Sindoor.
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was informed of the development this morning.
Representing the Haryana government, Additional Solicitor General (ASG) SV Raju said that a decision was taken not to proceed with criminal action against Mahmudabad on March 3.
"As a one-time magnanimity, the sanction is refused. The chapter is closed. He can be warned that this is not repeated again. Refusal order is of March 3, 2026," he said.
"We are grateful," replied Senior Advocate Sidharth Luthra, who represented Mahmudabad.
The Court proceeded to add a word of caution for Mahmudabad to be more careful in the future.
"Sometimes writing in between the lines creates more problems. Sometimes the situation is so sensitive that we all have to be careful. Petitioner being a highly learned person shall act in a prudent manner in the future," said CJI Kant.
The Court was hearing a plea by Mahmudabad challenging his arrest and seeking quashing of two first information reports (FIRs) registered over his Facebook posts on Operation Sindoor, India's military response to Pakistan amid cross-border tensions following the Pahalgam terror attack of April 22.
In his Facebook post, Mahmudabad had criticised Pakistan-sponsored terrorism, denounced war and said that all the plaudits received by Colonel Sofiya Qureshi of the Indian Army, who had led India's press briefing on Operation Sindoor, should also reflect on the ground.
In this regard, he said that rightwing supporters in India should speak up against mob lynching as well.
Two FIRs were registered against him over such remarks.
The first case was lodged based on a complaint by one Yogesh Jatheri citing offences under Sections 196 (promoting hatred), 197 (imputations and assertions prejudicial to national integration), 152 (endangering the sovereignty, unity, and integrity of India), and 299 (culpable homicide) of the Bharatiya Nyaya Sanhita (BNS).
The second FIR followed a complaint by Haryana Women’s Commission Chairperson Renu Bhatia and included charges under Sections 353 (public mischief), 79 (insult to modesty), and 152 of the BNS.
Mahmudabad was then arrested by the Haryana Police and sent to judicial custody.
The investigation into the case was eventually handed over to a Special Investigation Team (SIT) constituted on the Supreme Court's orders after Mahmudabad moved the top court for relief.
The Supreme Court on May 21, 2025, granted him interim bail subject to various conditions.
In August 2025, the Court stayed the trial against him as well.
During the last hearing of the matter, the Court was informed that the State had not yet given sanction for two of the offences cited against Mahmudabad, which meant that the criminal trial against him could not proceed.
The sanction request was made as far back as August 22, 2025. The Court in January gave the three months to decide whether it wanted to grant sanction to prosecute Mahmudabad.
Representing Mahmudabad in the January hearing, Senior Advocate Kapil Sibal, maintained that there was nothing to prosecute his client for.
CJI Kant, however, advised Mahmudabad to show responsibility in his comments if the State ultimately decides not to give its approval for his prosecution.
The same advice to Mahmudabad was reiterated today as well by the Court, after the State said that it has now decided to drop the matter.