Prof. Ali Khan Mahmudabad Arrested in Connection with the HSCW Case

11.20 A.M.

Prof. Khan, who was summoned by the Haryana State Commission for Women (HSCW) on Monday, 12th May 2025 following a controversial Facebook post, has been arrested by Delhi Police, sources confirmed this morning.*

Preliminary reports indicate that Prof. Khan was picked up from his residence in Delhi earlier this morning, transported to Rai Police Station in Haryana, and later brought back to Delhi. He is currently being held at the Greater Kailash Police Station.**

Faculty members from Ashoka, civil society activists, and citizens have gathered at Rai Police Station demanding clarity and transparency from the authorities. Concerns have also been raised about Prof. Khan's access to medication, which he has not received since his detention.

The case was filed based on a complaint by Yogesh Jatheri, the general secretary of the BJP’s Yuva Morcha in Haryana, according to a Scroll report. "Mahmudabad has been arrested under sections of the Bharatiya Nyaya Sanhita pertaining to acts prejudicial to maintaining communal harmony, making assertions likely to cause disharmony, inciting secession, armed rebellion or subversive activities, and insulting religious beliefs," it added.

12:05 P.M.

Prof. Khan has now been brought to the Rai Police Station. Officials have denied speaking to The Edict's reporters as of now.

1:27 P.M.

Prof. Khan's lawyer, Adv. Kapil Balyan, has confirmed to The Edict that the arrest was made under sections 152, 196(1), 197(1) & 299 of the Bhartiya Nyaya Sanhita (BNS); and, he will be produced in front of the Duty Magistrate at District Court, Sonepat, soon.

[Explanation of the charges from the Bharatiya Nyaya Sanhita:

Section 152: Acts endangering the sovereignty, unity and integrity of India. 

The section states, “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.” It is non-bailable. 

Section 196(1): Promoting enmity between different groups on the ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony.

The section states, “Whoever by words, either spoken or written, or by signs or by visible representations or through electronic communication or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racials, language or regional groups or castes or communities” can be subject to “imprisonment which may extend to three years, or with fine, or with both.”

Section 197(1): Imputations, assertions prejudicial to national integration. 

The section states, “Whoever, by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise,

1. makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India; or

2. asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of India; or

3. makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or

4. makes or publishes false or misleading information jeopardising the sovereignty unity, and integrity or security of India, shall be punished with imprisonment which may extend to three years, or with fine, or with both.”

Section 299: Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 

The section states, “Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.” This section is non-bailable.]

4:05 P.M.

Khan was taken out of Rai Police Station approximately 30 minutes ago and is currently being presented at the District Court in Sonepat. Given that it is the weekend, he is likely being produced before a duty magistrate.

6:50 P.M.

Earlier today, The Edict reached out to Ashoka University regarding its position on the current situation. We asked whether the university maintains its previous public statement distancing itself from Khan’s views and how that upholds its stated commitment to academic freedom.

In response, the university said:

“We have been made aware that Prof. Ali Khan Mahmudabad has been taken into police custody earlier today. We are in the process of ascertaining details of the case. The University will continue to cooperate with the Police and local authorities in the investigation, fully.”

The University has not yet explicitly addressed its position on academic freedom or faculty expression.

7:25 P.M.

Maya Mirchandani, Associate Professor of Practice and Head of the Department of Media Studies at Ashoka University, took to X (formerly Twitter) to share the Faculty Association’s statement condemning the arrest. The statement described the charges as “groundless and untenable” and characterised this as an act of “calculated harassment.” Mirchandani highlighted that Khan's students and colleagues alike “have learnt from him what it truly means to be a good citizen-scholar: rational, critical, yet deeply respectful and generous in their engagement with the world.” Echoing the Faculty Association, she called for his immediate and unconditional release, demanding that all charges against him be dropped.

7:30 P.M. Prof. Khan has been presented in front of the Duty Magistrate at District Court, Sonepat. The proceedings are currently ongoing, with a 30 minute recess being taken at present.

7:45 P.M.

Earlier today, The Committee for Academic Freedom (CAF) at Ashoka University issued a statement condemning the arrest and called upon the university to “publicly stand by” Prof. Khan and the “principles of freedom that are under attack.” According to the committee—which was made operational in the aftermath of the controversy surrounding Prof. Sabyasachi Das in 2023 — the accusations against Prof. Khan are baseless and amount to a "curtailment of his freedom as an academic and public intellectual". "More than that, it constitutes an attack on the principles of academic freedom at Ashoka and beyond," the statement added.

9:30 P.M.

Prof. Khan has been remanded for police custody till the next date of hearing i.e. Tuesday, 20th May 2025, at 2 P.M.

Correction as of 10:20 P.M.: An earlier version of this report mistakenly stated that the hearing pertained to bail. However, further details have revealed that the hearing was regarding police remand, which was sought by the police and opposed by Khan’s legal team. The magistrate has now granted the remand until the next hearing at 2:00 P.M. on Tuesday, 20th May 2025.

***Correction as of 12:00 P.M.: A previous version of this report mistakenly mentioned that was held at Greater Kailash Police Station. Updated information indicates that he was detained at his Delhi residence by the Haryana Police and taken to the Rai Police Station. According to a close associate, the officials allegedly did not have a transit remand from a Delhi court, raising concerns about due process violations. The grounds for arrest were reportedly not communicated to him at the time of detention and he was being shuttled between locations in Rai. The Edict, however, could not independently verify these claims.

 *This is a developing story. The Edict will continue to report as more details emerge.