New Delhi: The Supreme Court today limited the scope of the Special Investigation Team (SIT) probe into the case against Ashoka University professor Ali Khan Mahmudabad, clarifying that the investigation must be confined strictly to the two FIRs already filed in connection with his social media posts related to ‘Operation Sindoor’.
A Bench of Justices Surya Kant and Dipankar Datta passed the directions while hearing concerns raised by senior advocate Kapil Sibal, appearing for Mahmudabad, about the possibility of the SIT expanding the ambit of the investigation beyond the present FIRs.
“We direct that investigation of SIT shall be confined to contents of the two FIRs subject matter of these proceedings. The investigation report, before it is filed before the jurisdictional court, shall be produced before this court,” the Bench ordered, extending the interim protection granted to Mahmudabad until further orders.
The court firmly told the Additional Advocate General (AAG) for Haryana that the scope of the SIT cannot go beyond the two FIRs under examination in this case. Sibal had also objected to the authorities seeking access to Mahmudabad’s digital devices.
Justice Kant remarked, “Both FIRs are on record. What is the need for devices? Don’t try to expand the scope. SIT is free to form its opinion, but don’t go left and right.”
Sibal also sought a relaxation of bail conditions that currently prevent Mahmudabad from commenting on the issues under investigation. Responding, the court clarified that those restrictions were temporary and designed as a “cooling-off period”.
“He is free to write on other subjects. We do not want a parallel media trial. There is no impediment on his right to free speech otherwise,” Justice Kant said, while advising Sibal to revisit the request for relaxation on the next hearing date.
The bench also asked the Haryana government to respond to the National Human Rights Commission’s (NHRC) cognizance of the FIR registration process in Mahmudabad’s case. “You tell us about that also,” the court told the Haryana AAG.
Professor Ali Khan Mahmudabad was arrested on May 18 over social media posts that allegedly violated provisions of the Bharatiya Nyaya Sanhita (BNS), including sections about promoting communal disharmony, endangering national sovereignty, and outraging the modesty of women.
He remained in custody until May 21, when the Supreme Court granted him interim bail.
Though the court did not stay the investigation, it directed the formation of an SIT headed by senior IPS officers from outside Haryana and Delhi to “holistically understand the complexity of the phraseology used” in the controversial posts.
As part of the bail conditions, Mahmudabad was barred from writing or posting on the subject matter of the FIRs, including commentary on terrorism or India’s counter-response to terrorist attacks. He was also directed to surrender his passport and cooperate fully with the SIT.
Addressing concerns about multiple FIRs being filed for the same incident, the Court had already asked the Haryana government to ensure that no further FIRs are registered on identical grounds.
Justice Kant had earlier criticised the tone of Mahmudabad’s social media posts, describing them as “dog-whistling” and lacking in civility. The judge pointed to Mahmudabad’s references to right-wing commentators and mob lynching as examples of how the professor veered into political commentary that could hurt sentiments.
The Bench also took a strong stance against criticism from student and faculty groups over Mahmudabad’s arrest. “If they dare do anything, we will pass an order,” Justice Kant warned sternly.
Mahmudabad was also summoned by the Haryana State Commission for Women, headed by Renu Bhatia, about certain remarks interpreted as objectionable under applicable sections of the BNS.
The case will continue under the oversight of the Supreme Court, which will review the SIT’s report before it is submitted to the trial court.
UNI
