'Misdirecting itself': SC raps Haryana SIT probing online posts of Ashoka University professor on Op Sindoor

New Delhi, July 16 The Supreme Court on Wednesday pulled up the Haryana Special Investigation Team (SIT) for unnecessarily broadening the scope of its probe into the two FIRs filed against Ali Khan Mahmudabad, a professor of political science at Haryana-based Ashoka University, over his controversial social media posts on Operation Sindoor.

After senior advocate Kapil Sibal, appearing on Mahmudabad's behalf, submitted that the SIT had seized his electronic devices and sought his travel history over the last decade, a Bench of Justices Surya Kant and Joymala Bagchi remarked, "Why is the SIT on the face of it misdirecting itself? They were supposed to examine the contents of the social media posts. They can say that his article is an opinion and does not constitute an offence or otherwise!"

"We just want to know for what purpose SIT have seized his devices? We will call them," cautioned the Justice Kant-led Bench.

When Sibal said that the petitioner-professor was summoned multiple times by the SIT, the Apex Court ordered that he should not be summoned again.

It opined that since the petitioner has already joined the investigation and handed over his gadgets, there was no need to summon him again.

"You don't require him, you require a dictionary!" the Justice Kant-led Bench told Additional Solicitor General (ASG) SV Raju, representing the SIT.

Rejecting ASG's Raju oral plea to allow the SIT two months to complete the probe, the Supreme Court asked the high-level probe panel to conclude its investigation within four weeks, reiterating that the SIT should restrict its probe to the language and content of the social media posts on the Pahalgam terror attack and the country's cross-border military response.

Further, it clarified that the interim protection granted to the petitioner will continue.

The Apex Court said that Mahmudabad can write articles or express opinions on other things, except related to the subject matter of the two FIRs or the recent India-Pakistan tensions.

On May 21, the Justice Kant-led Bench ordered the Haryana DGP to constitute an SIT comprising three directly recruited IPS officers, who do not belong to Haryana or Delhi, to holistically understand the complexity of the phraseology employed and for proper appreciation of some of the expressions 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. The 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.

Mahmudabad, 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.

In a post on social media, Mahmudabad wrote: "I am very happy to see so many right-wing commentators applauding Colonel Sophi(y)a Qureishi, but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP’s hate mongering be protected as Indian citizens. The optics of two women soldiers presenting their findings is important, but optics must translate to reality on the ground, otherwise it’s just hypocrisy."

Haryana State Commission for Women Chairperson Renu Bhatia took suo motu cognisance of Mahmudabad's remarks, which were alleged to be disparaging toward women in the Indian Armed Forces and promoting communal disharmony. The women's rights body had summoned the professor, but he failed to appear.

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