New Delhi – The National Human Rights Commission (NHRC) has taken suo motu cognizance of media reports surrounding the arrest and police remand of Ali Khan Mahmudabad, a faculty member at Ashoka University. The Commission has issued a notice to the Director General of Police (DGP), Haryana, seeking a detailed report on the matter.
According to the NHRC press release, the Commission found that the contents of the report, which outlined the circumstances and allegations leading to the arrest, prima facie reveal a violation of the professor’s fundamental human rights and liberty.
“The Commission has noted that the report, which contains a gist of the allegations on the basis of which he has been arrested, discloses, prima facie, that the human rights and liberty of the said Professor have been violated. Therefore, it has deemed it to be a fit case for taking suo motu cognizance of the reported incident,” the NHRC stated.
Background of the Arrest:
Professor Mahmudabad was arrested by Haryana Police from Delhi on May 18 and remanded to two days of police custody. The arrest stemmed from two First Information Reports (FIRs) filed in relation to his social media posts about Operation Sindoor – India’s military response to the recent Pahalgam terror attack.
In his Facebook post, the professor wrote:
“With Operation Sindoor, India has sent a message to Pakistan – if you don’t deal with your terrorism problem, then we will.”
He also criticized the warmongering rhetoric from certain sections of the public, stating that:
“The loss of civilian life is tragic on both sides and is the main reason why war should be avoided.”
Mahmudabad further pointed out the selective appreciation of women officers leading the operation’s media briefings, suggesting that those praising their role should also speak out against mob lynching and extrajudicial demolitions.
Legal Action Taken:
- One FIR was filed by Yogesh Jatheri, invoking Sections 196, 197, 152, and 299 of the Bharatiya Nyaya Sanhita (BNS) for allegedly promoting hatred, endangering national integrity, and c
- Another FIR followed a complaint by Renu Bhatia, Chairperson of the Haryana State Women’s Commission, under Sections 353 (public mischief), 79 (insult to modesty), and 152 BNS. The Commission claimed that Mahmudabad’s remarks were disparaging toward women officers and incited communal disharmony.
In response, Mahmudabad posted on social media platform X (formerly Twitter), stating that the Commission had misinterpreted his comments and twisted their intent.
Judicial Developments:
- On May 21, Mahmudabad was presented before Judicial Magistrate Azad Singh. The police sought seven more days of custody, but the request was rejected, and he was sent to judicial custody.
- On May 22, the Supreme Court granted interim bail to the professor. However, the bench refused to stay the FIRs. The apex court also directed him to refrain from posting or speaking further on the issue until further orders.
