SC grants interim bail to Ashoka University professor over 'dog-whistling' comments

The Supreme Court on May 21 granted interim bail to Ashoka University Professor Ali Khan Mahmudabad, who was arrested by Haryana Police over a contentious social media post on Operation Sindoor. The Court, while sharply criticizing the language and timing of the post, described it as a case of “dog-whistling”, a term often used to denote subtle, coded messaging with divisive undertones.

A bench led by Justices Surya Kant and NK Singh declined to halt investigations into the two FIRs lodged against Mahmudabad, but ordered the formation of a three-member Special Investigation Team (SIT). The SIT, to be led by a senior Inspector General-level officer and include one woman IPS officer, will be drawn from states other than Haryana and Delhi to ensure impartiality.

“Everybody talks about rights… as if the country for the last 75 years was distributing rights,” remarked Justice Surya Kant during the hearing.

The professor was arrested on May 18, following a post on Facebook and Instagram commenting on the glorification of women officers involved in Operation Sindoor — India’s military retaliation to a recent terror attack. His remarks, critics claim, undermined the valor of women in uniform and veered into political commentary at a time of national mourning and unity.

Justice Kant did not hold back in court, questioning the appropriateness of Mahmudabad's comments amid heightened national sentiments:

“Everybody has a right to free speech. But is this the time to stir communal sentiments? Monsters attacked our innocents. The nation was united. Why use this moment for cheap popularity?”

Mahmudabad’s legal counsel, senior Advocate Kapil Sibal, defended the post as a patriotic appeal for consistency from right-wing commentators—praising a Muslim woman officer on one hand, while staying silent on mob violence and bulldozer politics on the other.

“This is what we call in law — dog whistling,” the bench responded.

Despite Sibal’s assertion that Mahmudabad had no criminal intent, the Court noted that the professor “could have conveyed his thoughts without hurting others,” and imposed a temporary gag order: Mahmudabad is barred from making any public remarks—written, spoken, or posted—on the military operation or related terror incidents until further notice.

The case has sparked debate across academic and legal circles, raising critical questions about the line between dissent, timing, and national sentiment in times of conflict.

Two FIRs have been filed against Mahmudabad — one based on a complaint by Renu Bhatia, Chairperson of the Haryana State Commission for Women, and another by Yogesh Jatheri, BJP Yuva Morcha leader and sarpanch of Jatheri village.