Controversial social media post: Ashoka University teacher moves SC for release of passport

Facing criminal prosecution for his controversial social media posts on ‘Operation Sindoor’, Ashoka University professor Ali Khan Mahmudabad has moved the Supreme Court seeking release of his passport ordered to be deposited as a condition for his release on bail.

A Bench of Justice Surya Kant and Justice Joymalya Bagchi said his plea for release of his passport would be taken up on November 18, even as Additional Solicitor General SV Raju submitted on behalf of the Haryana Government that if he wanted to travel abroad, he could do so after furnishing his itinerary.

"What is the use of keeping it (passport)? They should release the passport," senior advocate Kapil Sibal, representing Mahmudabad, said, adding the state should release it if it didn't have any objection.

Noting that the accused was not going abroad tomorrow, the Bench said his plea for release of the passport would be heard on November 18.

Haryana Police had arrested Mahmudabad on May 18 after two FIRs were registered against him—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 by Rai Police in Sonepat district over his social media posts on ‘operation Sindoor’. Mahmudabad was booked under BNS Sections 152, 353 , 79 and 196 .

Along with IAF Wing Commander Vyomika Singh, Col. Qureshi was the face of India’s press briefings on ‘Operation Sindoor’, as the two women officers flanked Foreign Secretary Vikram Misri in their interaction with the media.

The petitioner had allegedly described media briefings by Col Qureshi and Wing Commander Vyomika Singh as "optics". "But optics must translate to reality on the ground, otherwise it's just hypocrisy," he had allegedly said.

On May 21, while granting interim bail to Mahmudabad, the top court directed him to surrender his passport before the court of the Chief Judicial Magistrate, Sonepat, and asked him to fully cooperate with the investigation in the two FIRs.

The SIT informed the Bench that in one of the two FIRs it has filed a closure report, whereas in the other, a chargesheet was filed on August 22 considering some offences were attracted.

Taking strong exception to the Haryana Police SIT seizing electronic gadgets, including cell phones of Professor Mahmudabad, the Supreme Court on July 16 said the SIT “misdirected itself”.

On August 25, the top court had restrained the trial court from taking cognisance of a chargesheet filed by Haryana SIT in one of the FIRs against him. It has further restrained the trial court from framing any charges in the case.