A day after his arrest, Ashoka University professor Ali Khan Mahmudabad has approached the Supreme Court seeking interim relief. The court is likely to hear the matter on Wednesday, according to LiveLaw.
Mahmudabad, who teaches Political Science and History at Ashoka University in Sonipat, was arrested on Sunday by the Haryana Police from his residence in Delhi over a Facebook post. He was booked under sections 152 (acts that endanger India's sovereignty, unity and integrity), 353 (statements conducing to public mischief) and 79 (word, gesture or act intended to insult the modesty of a woman) of the Bharatiya Nyaya Sanhita.
The arrest was made based on a complaint by one Yogesh Jatheri, general secretary of the BJP’s state Yuva Morcha and sarpanch of Jatheri village.
Earlier, the Haryana State Commission for Women had summoned Mahmudabad accusing him of “vilifying” the Indian Army and “outraging the modesty of women in uniform,” claiming his remarks disrespected women officers by questioning the sincerity of their representation in national institutions.
‘Chilling message’
The arrest has drawn severe criticism, with some pointing to hypocrisy at a time when the Indian government is set to send seven parliamentary delegations to several countries to make them aware of India’s democratic practices and its approach to Pakistan.
An editorial in The Indian Express said it sends out a “chilling message” amid the government’s calls for unity.
In his Facebook post, the scholar of history and political science, while addressing the optics of the Indian government who chose two women from different religions — Colonel Sofiya Qureshi and Wing Commander Vyomika Singh – to address the briefings pertaining to Operation Sindoor, pointed out the “hypocrisy” of the right-wing when Muslims are subjected to mob lynchings and arbitrary bulldozing.
“...I am very happy to see so many right wing commentators applauding Colonel Sophia Qureishi, but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP’s hate mongering be protected as Indian citizens. The optics of two women soldiers presenting their findings is important, but optics must translate to reality on the ground otherwise it’s just hypocrisy,” Mahmudabad wrote.
“Utterly condemnable. If true, Haryana police reportedly arrested him from Delhi, violating legal process. This targets an individual for his opinions; his post wasn’t anti-national or misogynistic. A mere complaint by a BJP worker made Haryana police take action,” wrote AIMIM president Asaduddin Owaisi.
Activist-political commentator Yogendra Yadav asked how does the post attract serious charges of endangering the sovereignty of the country. He also questioned the hypocrisy of the BJP which remained silent when Madhya Pradesh MP Vijay Shah made derogatory remarks against Colonel Sofiya Qureshi who became the face of Operation Sindoor with her press briefings.
“What was the great urgency to arrest him, on a Sunday, from outside the state? What’s happening here? What’s the message? Also ask: while Prof Khas has been arrested, has anything happened to the MP minister who actually insulted Col Sofia? What’s the real message?” Yadav wrote on X.
Challenging to arrest her, TMC MP Mahua Moitra said that Mahmudabad’s post was not even “remotely offensive, let alone seditious”. “Yet 15 Haryana cops barged into his home at 6:30 am & arrested him in front of his pregnant wife. The post is below. Let’s see how much space Sonepat jail has,” she wrote on X.
Ashoka University’s statement draw ire
Ashoka University in a statement distanced itself from the controversy. “The comments made by a faculty member on his personal social media pages do not represent the opinion of the university,” the statement said. It added that the university stands firmly with the nation and its armed forces.
This statement was widely condemned by students and activists.
Meanwhile, the Faculty Association of Ashoka University condemned the arrest. “We condemn the calculated harassment to which professor Mahmudabad has been subjected: after being arrested early in the morning from his home in New Delhi, he was taken to Sonipat, not allowed access to necessary medication, and driven around for hours without any communication about his whereabouts.”
“Professor Mahmudabad is well-versed in diverse literary and linguistic traditions and is a widely acclaimed expert and scholar of history and political science in South Asia and beyond. In all of his writing, both for academic and wider public fora, he has emphasised the importance of justice, pluralism, and solidarity, and has always advocated a profound respect for Constitutional values and morality,” the statement read.
Mahmudabad’s Facebook post
In his post, Mahmudabad wrote, “Strategically India has actually begun a new phase in terms of collapsing distinction between military and terrorist (non-state actors) in Pakistan. In effect the response to any terrorist activity will invite a conventional response and so this puts the onus on the Pakistani military to make sure that it cannot hide any longer behind terrorists and non-state actors. In any case the Pak military has used militarised non-state actors to destabilise the region for far too long while also claiming to be victims on the international stage. It has also used the same actors- some of whom were targeted in the recent strikes- to foment sectarian tension in Pakistan. Operation Sindoor resets all received notions of Indo-Pak relationships as the response to terrorist attacks will be met with a military response and removes any semantic distinction between the two. Despite this collapse, care has been taken by the Indian armed forces to not target military or civilian installations or infrastructure so that there is no unnecessary escalation. The message is clear: if you don't deal with your terrorism problem then we will! The loss of civilian life is tragic on both sides and is the main reason why war should be avoided.”
“There are those who are mindlessly advocating for a war but they have never seen one let alone. lived in or visited a conflict zone. Being part of a mock civil defense drill does not make you a soldier and neither will you ever know the pain of someone who suffers losses because of conflict. War is brutal. The poor suffer disproportionately and the only people who benefit are politicians and defence companies. While war is inevitable because politics is primarily rooted in violence – at least human history teaches us this – we have to realise that political conflicts have never been solved militarily.”
“Lastly, I am very happy to see so many right wing commentators applauding Colonel Sophia Qureishi but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP's hate mongering be protected as Indian citizens. The optics of two women soldiers presenting their findings is important but optics must translate to reality on the ground otherwise it’s just hypocrisy. When a prominent Muslim politician said “Pakistan Murdabad” and was trolled by Pakistanis for doing so- Indian right wing commentators defended him by saying "he is our mulla." Of course this is funny but it also points to just how deep communalism has managed to infect the Indian body politic.”
“For me the press conference was just a fleeting glimpse – an illusion and allusion perhaps to an India that defied the logic on which Pakistan was built. As I said, the grassroots reality that common Muslims face is different from what the government tried to show but at the same time the press conference shows that an India, united in its diversity, is not completely dead as an idea. Jai Hind.”
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