Did the SC Direct SIT to Limit Investigation on Ashoka University Professor's Online Comments?

New Delhi, May 28 (NationPress) The Supreme Court of India instructed the Special Investigation Team (SIT) on Wednesday to limit its inquiry to the two FIRs filed against Ali Khan Mahmudabad, a political science professor at Ashoka University in Haryana, regarding his contentious remarks on Operation Sindoor.

A panel of Justices Surya Kant and Dipankar Datta mandated that the SIT, established by the Director General of Police (DGP) of Haryana following a previous directive, present its investigation report to the apex court before submitting it to the trial court.

“We instruct that the SIT's investigation shall be limited to the two FIRs pertinent to these proceedings. The investigation report should be submitted to this Court prior to its filing in the jurisdictional court,” the Supreme Court ordered.

This directive came after senior advocate Kapil Sibal, representing Mahmudabad, expressed concerns that the SIT might expand its investigation beyond the relevant issues.

Sibal also urged the Supreme Court to ease the interim bail conditions, requesting that the petitioner refrain from publishing any online posts, articles, or making oral statements related to either of the two social media posts or expressing opinions concerning the ongoing India-Pakistan situation.

In response, the Justice Kant-led Bench explained that those conditions were only intended to establish a cooling-off period. “He can write about other matters, but not concerning the subject matter of the FIRs. We do not wish for a parallel media trial on this issue. He retains the freedom to express himself on all other topics,” clarified the apex court.

Furthermore, the court advised Sibal to wait for “some time” and suggested that he remind the Supreme Court about the request for relaxing the interim bail conditions at the next hearing.

Meanwhile, the Supreme Court extended the interim bail.

Last week, the Justice Kant-led Bench ordered the Haryana DGP to form an SIT consisting of three IPS officers who are not from Haryana or Delhi to comprehensively analyze the nuances of the language used in the two online posts.

“The SIT shall be led by an officer of at least Inspector General rank, and the other two members must be officers ranked Superintendent of Police or higher. One member of the SIT will be a female IPS officer. The DGP is directed to establish the SIT within 24 hours. The petitioner is to cooperate fully with the investigation,” the ruling stated.

To support the investigation, the Supreme Court directed that Mahmudabad be granted interim bail, contingent upon his providing bail bonds to the satisfaction of the Chief Judicial Magistrate of Sonipat.

Ali Khan, 42, was detained following a complaint by Yogesh Jatheri, the General Secretary of the BJP Yuva Morcha in Haryana. An FIR was registered against Mahmudabad under sections of the Bharatiya Nyaya Sanhita (BNS) related to inciting armed rebellion or subversive activities and insulting religious beliefs. Charges akin to sedition have also been levied against him.

In his social media post, Mahmudabad expressed: "I find it commendable to see so many right-wing commentators praising Colonel Sophi(y)a Qureishi, but perhaps they should also vocally demand protection for the victims of mob lynchings, arbitrary demolitions, and others suffering from the BJP’s hate-mongering as Indian citizens. The symbolism of two female soldiers presenting their findings is significant, but such symbolism must translate into real change on the ground; otherwise, it is mere hypocrisy."

The Haryana State Commission for Women Chairperson Renu Bhatia took suo motu notice of Mahmudabad's comments, which were alleged to demean women in the Indian Armed Forces and incite communal discord. The women’s rights commission summoned the professor, but he did not appear.