NEW DELHI: The People’s Union for Civil Liberties (PUCL) has strongly condemned the arrest of Ali Khan Mahmudabad, professor at Ashoka University.
The group termed the May 18 arrest a “calculated assault” on democracy and warned that the misuse of law to criminalise dissent is pushing India towards an Orwellian state where “truth does not matter, war is peace, freedom is slavery, and ignorance is strength.”
Mahmudabad was arrested after he posted a series of anti-war messages on social media in the wake of Operation Sindoor. While he praised the Indian armed forces for exercising restraint and denounced Pakistan’s use of militant proxies, his criticism of war rhetoric and his call for introspection on domestic human rights issues drew the ire of BJP-affiliated complainants.
PUCL’s statement defended Prof. Mahmudabad’s remarks as a legitimate exercise of free speech under Article 19(1)(a) of the Constitution.
“His advocacy of peace, critique of blind nationalism, and concern for the human cost of war are precisely the kind of public discourse a healthy democracy should encourage,” the statement noted.
Two FIRs were filed against Mahmudabad, one by the BJP youth wing leader Yogesh Jatheri and another by Haryana Women’s Commission chairperson Renu Bhatia. The cases invoke multiple sections of the newly enacted Bharatiya Nyaya Sanhita (BNS), including charges related to promoting enmity, endangering national integrity, and insulting the modesty of women. PUCL has called these charges baseless, arguing that no prima facie case exists to justify either investigation or arrest under Section 173 of the BNS.
The arrest has sparked concerns about increasing intolerance toward dissent, particularly when voiced by Muslims.
“The state appears unable to tolerate articulate Muslim voices that challenge the dominant narrative,” PUCL stated, citing ongoing legal action against several Muslim journalists, students, and activists, including Umar Khalid, Gulfisha Fatima, Khurram Parvez, and others jailed under laws like UAPA and PSA.
Highlighting the chilling effect of Mahmudabad’s arrest, PUCL pointed to Ashoka University’s official distancing from his views, despite his constitutional right to free expression.
While the university expressed support for national security and the armed forces, it failed to affirm its commitment to academic freedom or stand by its faculty member. In contrast, the Ashoka University Faculty Association issued a statement of “full support,” describing Mahmudabad as a “respected teacher and a deeply responsible citizen committed to communal harmony.”
PUCL warned that such actions are aimed at homogenising public opinion and dismantling the pluralism essential to democracy.
“The FIRs serve no purpose but to chill legitimate public discourse,” it said, recalling the Supreme Court’s landmark ruling in Shreya Singhal v. Union of India, which held that advocacy—even of unpopular views—is protected unless it incites violence or threatens national security.
The PUCL statement underscored that Mahmudabad’s critiques fall squarely within the realm of protected speech and do not meet the threshold for incitement. It also invoked Mahatma Gandhi’s insistence on the primacy of free speech, even when it hurts, as the foundation of any democratic society. “Liberty of speech means that it is unassailed even when the speech hurts,” Gandhi had said.
In its demands, PUCL has called for:
Immediate withdrawal of all prosecutions against Prof. Mahmudabad;
Compensation for the mental harassment he has suffered;
Repeal of Section 152 of the BNS, which the group says is a “rebranded sedition law”;
Peaceful mobilisation by citizens to hold the state accountable and preserve constitutional freedoms.
Quoting U.S. Justice Louis Brandeis, PUCL concluded, “The greatest menace to freedom is an inert people.” It called on citizens and institutions to rise against the growing suppression of speech in India and uphold the foundational principles of the republic.
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