"SC Disapproves of SIT's Extended Investigation in Case Linked to Ali Khan Mahmudabad's Facebook Post"
The Supreme Court of India has taken a decisive stance in the ongoing case involving Assistant Professor Ali Khan Mahmudabad and his controversial Facebook posts about Operation Sindoor. The Court has ordered the Special Investigation Team (SIT) to limit its probe strictly to the language and content of the two posts, emphasising that the SIT should not expand the scope of the investigation beyond these posts.
The bench, comprising Justices Surya Kant and Joymalya Bagchi, questioned the SIT for "misdirecting itself" by attempting to investigate aspects unrelated to the FIRs, such as Mahmudabad’s foreign travel history. The Court remarked that the SIT does not need to investigate beyond the posts themselves and that any broader probe is unnecessary.
In a significant move, the Supreme Court has also ordered the SIT to complete the investigation within four weeks. The Court declined the SIT’s request for additional time, stating that if there is nothing incriminating in the FIRs, the case can be closed quickly.
Interim protection from arrest granted to Mahmudabad continues, and he has been allowed to resume expressing his views on social media, except on sub judice issues related to the case. The Court also objected to the seizure of Mahmudabad's electronic devices and restricted further questioning or summoning, noting that he had already participated in the investigation and had provided necessary electronic evidence.
Mahmudabad had criticized Pakistan-sponsored terrorism, denounced war, and commented on mob lynching in his Facebook post, for which two FIRs were registered against him. The first FIR against Mahmudabad was lodged based on a complaint by Yogesh Jatheri, citing offences under Sections 196, 197, 152, and 299 of the Bharatiya Nyaya Sanhita (BNS). The second FIR was filed by Haryana Women’s Commission Chairperson Renu Bhatia, including charges under Sections 353, 79, and 152 of the BNS.
The Court has stated that the SIT does not need to summon Mahmudabad again for questioning. Senior Advocate Kapil Sibal, representing Mahmudabad, urged ASG Raju to read Mahmudabad's comments himself and arrive at his own conclusions at a personal level. The Court refused to stay the FIRs registered by Haryana Police but released Mahmudabad from jail on interim bail on May 19. Mahmudabad moved the Supreme Court challenging his arrest and seeking quashing of the FIRs.
In summary, the Supreme Court is ensuring that the SIT's investigation is focused, time-bound, and limited strictly to examining the alleged offence in the two Facebook posts by Ali Khan Mahmudabad concerning Operation Sindoor, while upholding his right to free expression outside the sub judice matters. The Court has directed the SIT to complete its probe with reference to the contents of the two social media posts as early as possible but not later than 4 weeks.
The Supreme Court has directed the Special Investigation Team (SIT) to confine their investigation to the language and content of the controversial Facebook posts made by Assistant Professor Ali Khan Mahmudabad about Operation Sindoor, avoiding delving into unrelated matters like his foreign travel history. In the same vein, the Court has reminded the SIT that their probe should not extend beyond the posts themselves, as any broader investigation would be unnecessary.
