The Supreme Court on Wednesday came down heavily on the Special Investigation Team (SIT) probing the FIRs against Ashoka University professor Ali Khan Mahmudabad in connection with his posts related to 'Operation Sindoor'. The court questioned the direction of the investigation and expressed concern over the probe team allegedly deviating from its primary responsibility.
A bench comprising Justices Surya Kant and Joymalya Bagchi strongly criticised the SIT’s approach, asking, “Why is the SIT, on the face of it, misdirecting itself?” The judges took exception to the seizure of Mahmudabad’s electronic devices, including his mobile phones, questioning the relevance of such action to the posts under scrutiny. The Bench clearly stated that the SIT had no occasion to confiscate electronic gadgets unless there was a direct link to the specific allegations. “We just want to know from the SIT — for what purpose have they seized the devices? We will call them,” the court remarked.
The court reiterated that it did not wish to interfere with the investigation, but stressed that it must proceed on the correct lines. Referring to the two online posts at the heart of the controversy, the court said, “There are only two posts or articles based on which the FIRs have been registered. We asked the SIT to examine the language of those posts and point out which line or paragraph constitutes an offence.”
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Explaining further, the Bench noted that if during the course of an investigation, an unrelated offence is discovered, it must be dealt with separately. “Suppose during a cheating probe, someone is found to have committed murder — a separate FIR should be registered. The SIT says they are looking into the material, but that’s not the correct course,” the judges observed.
The Supreme Court also criticised the SIT for taking an inordinate amount of time. The team had requested two months to complete a task the court said should take only two days. The bench has now directed the SIT to conclude its investigation into the contents of the two posts and file its report within four weeks. “We direct the SIT to conclude its investigation with respect to the contents of the two posts as early as possible, but not later than four weeks,” the court ordered.
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In a significant relief for Mahmudabad, the court clarified the scope of an earlier order and reaffirmed the interim protection from arrest. It also permitted him to continue writing and publishing online, with one important restriction. “To clarify the confusion regarding the conditions imposed in para 6 of the May 21 order, we make it clear that the petitioner is entitled to continue to write any online post, article, or express his opinion, except that he should not comment on sub judice matters,” the bench said.
The court also took exception to Mahmudabad being summoned multiple times by the SIT, despite his cooperation. Noting that he had already joined the investigation and submitted his personal devices, the court said there was no justification for repeated summons. In May, the top court had granted interim bail to Mahmudabad over his controversial posts on Operation Sindoor. At the time, the bench — then comprising Justices Surya Kant and NK Singh — had also criticised Mahmudabad for the timing of his remarks, calling it an attempt at “cheap publicity” while simultaneously affirming his right to freedom of speech.
Also Read: SC says Ashoka professor has free speech but with limits
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