NEW DELHI: Questioning the line of investigation adopted by the Haryana Special Investigation Team (SIT) in the case against Ashoka University professor Ali Khan Mahmudabad, the Supreme Court on Wednesday observed that the SIT had “misdirected itself” in probing the matter.
The case pertains to social media posts by Khan regarding Operation Sindoor, India’s retaliatory strike against Pakistan after the Pahalgam terror attack, for which two FIRs had been filed against him.
During the course of the hearing, when the State’s counsel argued that the professor may be asked to join the investigation at any point, a visibly surprised bench headed by Justice Surya Kant remarked, “You do not need him, you need a dictionary!”
The court firmly stated that the academic need not be summoned again and questioned why the SIT was allegedly veering off course in its investigation. It ordered the SIT to complete the probe within four weeks and made it clear that the investigation must proceed in the “right direction”.
The bench, also comprising Justice Joymalya Bagchi, stressed that the scope of the probe was limited only to the two FIRs filed against the professor. “They (the SIT) were supposed to examine the contents of the posts,” Justice Kant said.
While granting certain liberties and relaxation in his bail conditions, the court ruled that Khan was now free to write on any subject other than the pending or sub judice matters. “He is free to express any opinion except on the sub-judice case,” the top court added.
Senior advocate Kapil Sibal, representing Khan, informed the bench that the SIT had also questioned the professor about places he had travelled to in the past 10 years, a line of questioning that drew concern from the bench.
Khan had approached the top court challenging his arrest by the Haryana Police for his Facebook post on Operation Sindoor. The court, while granting interim bail earlier, had imposed certain conditions, including the furnishing of bail bonds to the satisfaction of the Chief Judicial Magistrate (CJM) of Sonepat. The court clarified that only one set of bail bonds would be required for both FIRs.
The bench had previously taken strong exception to the language used by Khan in his social media post, noting that it could allegedly have dual meanings. However, it declined his plea to stay the investigation, stating that no case had been made out for such relief.
In his post, Khan had criticised Pakistan-sponsored terrorism and remarked that the praise received by Colonel Sofiya Qureshi of the Indian Army, who had led India's press briefing, should translate into real change on the ground. He had also said that right-wing supporters in India should speak out against mob lynching.
Khan, who is the Associate Professor and Head of the Political Science Department at Ashoka University in Haryana, maintained that his comments were completely misunderstood.
The prosecution has charged him with allegedly endangering India’s sovereignty, unity and integrity for his remarks on Operation Sindoor. The State Women's Commission also criticised his post, calling it disparaging towards women officers in the Indian Armed Forces and said it allegedly promoted communal disharmony.