SC raps Haryana SIT over ‘misdirected’ probe against Ashoka varsity prof

Taking strong exception to the Haryana Police SIT seizing electronic gadgets, including the cell phones of Ashoka University associate professor Ali Khan Mahmudabad, who allegedly made controversial remarks on Operation Sindoor, the Supreme Court on Wednesday said the SIT has “misdirected itself”.

A Bench led by Justice Surya Kant questioned, “Why is the SIT, on the face of it, misdirecting itself? They can say that the article (Facebook posts by Mahmudabad) is an opinion and does not constitute an offence or otherwise… The SIT can always say that there is nothing in this FIR, but we are examining other issues… Why take two months for this?"

Justice Kant told Additional Solicitor General (ASG) SV Raju, representing the SIT, “We just want to know from the SIT… for what purpose they have seized devices. We will call them (officers).”

The Bench pointed out that the SIT was constituted specifically to examine only Mahmudabad’s Facebook posts to determine if any offence was made out, not to launch a roving inquiry.

ASG Raju urged the Bench to direct Mahmudabad to join the investigation if needed and sought two months for the SIT to complete the probe. However, the Bench rejected the request, stating, “You do not need him (Mahmudabad)… you need a dictionary,” in a veiled reference to the interpretation of his Facebook post, which praised Operation Sindoor but criticised war-mongers and right-wing supporters.

Noting that the SIT probe must be confined to the language and content of Mahmudabad’s two Facebook posts on Operation Sindoor, the Supreme Court directed the SIT to submit a report in four weeks.

While extending Mahmudabad’s interim bail, the court clarified that he was free to write articles and social media posts, except on sub-judice matters and issues pending before the top court.

Senior counsel Kapil Sibal, representing the petitioner, argued that there could be no roving inquiry as Mahmudabad’s posts were not offensive. “It’s the most patriotic statement,” Sibal told the Bench.

The Supreme Court had on May 21 granted interim bail to Mahmudabad and ordered an SIT probe led by an IGP-rank officer into his alleged comments on Operation Sindoor.

Alongside IAF Wing Commander Vyomika Singh, Col Qureshi was the face of India’s press briefings on Operation Sindoor, as the two women officers flanked Foreign Secretary Vikram Misri during media interactions.

Mahmudabad had allegedly described the media briefings by Col Qureshi and Wing Commander Vyomika Singh as “optics”, adding, “But optics must translate to reality on the ground, otherwise it’s just hypocrisy.”

Two FIRs were lodged against him under stringent charges, including endangering sovereignty and integrity, over his social media posts on Operation Sindoor.

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