The State of Haryana has informed the Supreme Court of India that it does not intend to grant sanction to prosecute Ali Khan Mahmudabad in connection with his Facebook posts concerning “Operation Sindoor.”
The statement was made during the hearing of Mahmudabad’s petition challenging the criminal proceedings initiated against him over two social media posts discussing the operation. The matter came before a Bench led by Surya Kant along with Joymalya Bagchi.
During the proceedings, the State informed the Court that although a chargesheet had been filed in the case, it had decided not to grant the statutory sanction required to proceed with prosecution. Under criminal law, such approval from the competent authority is necessary before a trial court can formally take cognisance of certain offences. Without this sanction, the prosecution cannot move forward.
The Bench noted that if the State ultimately declines to grant sanction, the proceedings against Mahmudabad would effectively come to an end. At the same time, the Court remarked that any decision by the government to refrain from prosecution should be matched with responsible conduct by the individual concerned, particularly in public discourse.
The case arose from two First Information Reports registered in Haryana’s Sonipat district after Mahmudabad posted comments on Facebook relating to Operation Sindoor. The posts were alleged to have attracted provisions concerning threats to national sovereignty and related offences.
Earlier in the proceedings, the Supreme Court had granted Mahmudabad interim protection from coercive action while allowing the investigation to continue. The Court had also directed that the inquiry remain confined strictly to the allegations contained in the original FIRs.
With the State now indicating that it does not intend to provide sanction for prosecution, the case may not proceed further unless the government revisits its position.
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