SC asks SIT to restrict probe to online posts of Ashoka University professor on Op Sindoor
A bench of Justices Surya Kant and Dipankar Datta told the SIT, formed by the Haryana Director General of Police (DGP), pursuant to its previous order, to produce the investigation report before the apex court prior to the filing of the same before 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.
Further, it asked Sibal to wait for 'some time' and suggested the senior counsel to remind the top court of the relaxation of the interim bail conditions on the next date of hearing.
In the meantime, the Supreme Court ordered the extension of interim bail.
Last Wednesday, 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. [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.
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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