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‘Don’t go left or right’: SC tells SIT to confine probe against Mahmudabad to 2 FIRs
The Supreme Court told the SIT that there was no need to ask for Mahmudabad’s phone and other electronic devices since the two FIRs were already on record
The Supreme Court on Wednesday directed that the Special Investigation Team (SIT) set up on its orders should confine its probe against Ashoka University professor Ali Khan Mahmudabad to the contents of the two First Information Reports (FIRs) registered over his Facebook posts on ‘Operation Sindoor’.
The SIT cannot investigate matters “beyond the scope” of the two FIRs already registered against Mahmudabad, who heads the political science department at the Sonepat-based private university, a bench of justices Surya Kant and Dipankar Datta said.
“We direct that the investigation of SIT shall be confined to the contents of the two FIRs subject matter of these proceedings,” the bench said. The court also said the SIT must show its report to the top court before submitting it to the jurisdictional court on completion of the investigation.
The court issued the directions on Wednesday after senior advocate Kapil Sibal, who appeared for Mahmudabad, expressed apprehensions that the SIT may go beyond the FIRs and told the bench that the SIT had asked Mahmudabad to submit his electronic devices.
The bench said the SIT should not need Mahmudabad’s phone and other electronic devices since the two FIRs were already on record.
“What is the need for devices? Do not try to expand the scope of the investigation. SIT is free to form its opinion, but do not go left or right,” the court said.
The bench, however, declined to modify the bail conditions imposed on Mahmudabad, including the portion that restricts the professor from making public comments on the subject matter of the FIRs.
The court said it had no intention to curb Mahmudabad’s right to speech and expression and that it only prevented him from making further comments on the India-Pakistan conflict to prevent a “media trial” in the case.
“See, he can write and speak. No reservations. But only not with regard to the subject matter of investigation,” the court told Sibal, adding that the condition was only a temporary “cooling-off” measure.
The court also took note of the National Human Rights Commission taking cognisance of the registration of the FIRs, directing the Haryana government to clarify its stance.
The top court said it will hear the case next in July this year, and Mahmudabad will continue to be on interim bail.
The apex court granted interim bail to Mahmudabad on May 21 following his arrest by Haryana Police on May 18 over his two Facebook posts. At the time, the court also directed Haryana to set up an SIT to probe the case.
Mahmudabad was arrested following two complaints, including one by the Haryana State Commission for Women. The complaints, most people admit, seem to be a complete misreading of his post, which does not say anything critical about Operation Sindoor or the two women military officers who, on several occasions, briefed the media on it.
