NEW DELHI: The Supreme Court on Wednesday extended the interim bail of Ashoka University prof Ali Khan Mahmudabad till July and directed the Haryana police SIT to complete its investigation by then in connection with his alleged social media post on Operation Sindoor.
A two-judge bench of the apex court, led by Justice Surya Kant and Justice Dipankar Datta, restricted the scope of Special Investigation Team (SIT) probe into the case lodged against Mahmudabad and said the probe should be limited to the two FIRs (First Information Report) registered against him.
"We direct that the investigation of SIT shall be confined to contents of the two FIRs subject matter of these proceedings. The investigation report, before it is filed before jurisdictional court, be produced before this court," said, the apex court in the order.
Directing that the interim protection to continue till further orders are issued, the top court asked Haryana to inform the SC if they have responded to the NHRC (National Human Rights Commission) notice on the manner of registration of two FIRs against Mahmudabad.
During the course of the hearing on Wednesday, senior advocate, Kapil Sibal, appearing for Mahmudabad, requested the top court for deletion of an interim bail condition restraining him from writing or posting in social media anything relating to issues in FIRs, which were lodged for his alleged offensive comments on Operation Sindoor. "There is apprehension that the SIT may investigate other things as well," Sibal told the top court.
After hearing this fervent plea of Sibal, the top court, however, declined to allow the prayer.
The top court told the Haryana Advocate General that as the the two present FIRs were only concerned with the subject matter of the present case and thereby it ordered that the scope of the probe was limited and can't be expanded.
Sibal further insisted that the court should direct the authorities not to seek access to Mahmudabad's digital devices. The court, however, refrained to pass any order in the issue.
"Both FIRs are matter of record. What is the need for devices? The SIT is free to form opinion. Don't go left and right," the top court told Sibal and fixed the matter for further hearing after July.
On May 21, the apex court, in a partial relief granted interim bail to the Associate professor at Ashoka University in Haryana, Mahmudabad, who was arrested for his alleged social media post on Operation Sindoor. It, however, refused to stay the two FIRs registered by Haryana Police against him in the matter.
The two-judge Bench of the top court earlier had ordered to constitute a SIT to probe the matter in place of Haryana Police which is currently investigating the case. "The SIT will not have officers from Haryana or Delhi," Justice Kant had said in the order.
Mahmudabad had moved the top court challenging his arrest for a Facebook post on Operation Sindoor, India's retaliatory strike against Pakistan for the Pahalagam terror attack.
Directing the petitioner, Mahmudabad, be released on interim bail, the top court had earlier imposed certain conditions while enlarging him on bail. The court restrained Khan from making any further online posts or speeches on the issue.
"No article or online posts to be made (by Mahmudabad) and neither deliver any speech on the issues which are subject matter of this case. He is retrained from making any comments on the crisis recently faced by India which is a terrorist attack on Indian soil or the counter response given by our nation," the court said and ordering him to surrender his passport.
The court also had earlier clarified that he should be enlarged on bail subject to the furnishing of bail bonds to the satisfaction of the CJM Sonepat. There shall be only one set of bail bonds for both FIRs.
Taking strong exception to the language used by Mahmudabad in his posts, the top court said, it could have dual meanings.
The Bench, while declining his plea to stay the investigation, said that Khan has not made out any case for the same in his social media post.
Mahmudabad had criticised Pakistan sponsored terrorism, and said that all the plaudits received by Colonel Sofiya Qureshi of the Indian Army, who had led India's press briefing, should reflect on the ground. He had also said that right wing supporters in India should speak up against mob lynching.
The court had directed the DGP Haryana to constitute a SIT comprising of three IPS officers who did not belong to Haryana or Delhi. SIT shall be headed by Inspector general of police and one of the members shall be a women officer.
The court in its order, had noted that the entire protection is that he was anti-war. "He says reasons are families will suffer along with civilians. He the also speaks of countries who manufacture war equipment will benefit. Any one who is conversant with such language can probe this Because some words have dual meanings," the Bench had opined.
Sibal had told the bench that he was arrested for his patriotic statements. “He has been arrested for a patriotic statement. Please list the matter for hearing," Sibal said.
He, in his defence, clarified that his comments had been completely misunderstood.
