New Delhi: The Supreme Court on Wednesday directed the Special Investigation Team (SIT) to limit its inquiry to the two FIRs filed against Ali Khan Mahmudabad, a political science professor at Haryana-based Ashoka University, over his remarks on Operation Sindoor.
A bench of Justices Surya Kant and Dipankar Datta instructed the SIT, constituted by the Haryana Director General of Police (DGP) as per its previous order, to submit the investigation report to the apex court before presenting it to the trial court.
“We direct that the investigation of the SIT shall be confined to the contents of the two FIRs, subject matter of these proceedings. The investigation report, before it is filed before the jurisdictional court, be produced before this Court,” the top court ordered.
The direction was passed by the Justice Kant-led bench after senior advocate Kapil Sibal, representing Mahmudabad, apprehended that the SIT may start investigating other things.
Sibal also urged the top court to relax the conditions of the interim bail, asking the petitioner not to write any online post, article, or make any oral speech related to either of the two social media posts or express any opinion in relation to the recent India-Pakistan conflict.
At this, the Justice Kant-led bench told the senior counsel that those conditions were only meant to introduce a cooling-off period. “He can write the rest of the things, but not with respect to the subject matter of the FIRs. We don't want a parallel media trial on this issue. He is free to write on anything else. No impediment on his right to speech,” clarified the apex court.
The Supreme Court advised Sibal to wait “some time” and suggested he remind the court about relaxing interim bail conditions at the next hearing.
Meanwhile, the court extended the interim bail.
Last Wednesday, the Justice Kant-led bench directed the Haryana DGP to form an SIT with three IPS officers—none from Haryana or Delhi—to thoroughly analyse the language used in the two online posts.
“The SIT shall be headed by an Officer at least in the rank of Inspector General of Police, the remaining two members will be Officers in the rank of Superintendent of Police and above. One of the members of the SIT will be a woman IPS Officer. [T]he Director General of Police is directed to constitute the SIT within 24 hours. The petitioner shall join and fully cooperate with the investigation," it had ordered.
To facilitate the investigation, the Supreme Court had directed that Mahmudabad be released on interim bail, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Sonipat.
Ali Khan, 42, was arrested on a complaint filed by Yogesh Jatheri, the General Secretary of the BJP Yuva Morcha in Haryana. An FIR was lodged against Mahmudabad under sections of the Bharatiya Nyaya Sanhita (BNS) pertaining to inciting armed rebellion or subversive activities and insulting religious beliefs. Also, sedition-like charges have been filed against him.
(inputs from IANS)