AGENCY
NEW DELHI, May 27
The Supreme Court on Wednesday extended till July the interim bail granted to Ashoka University professor Ali Khan Mahmudabad in connection with two FIRs registered against him over his social media comments on Operation Sindoor.
A partial court working days bench of Justice Surya Kant and Justice Dipankar Datta also restricted the scope of the investigation by the Special Investigation Team (SIT) to only the two FIRs registered based on the social media post by Prof. Mahmudabad.
“We direct that the investigation of the SIT shall be confined to the contents of the two FIRs which are the subject matter of these proceedings. The investigation report, before it is filed before jurisdictional court, be produced before this court”, the bench said while extending the interim bail granted to Prof. Mahmudabad on the last hearing on May 21. Appearing for Mahmudabad, Senior Advocate Kapil Sibal expressed apprehension that the SIT may attempt to widen the scope of the probe beyond the two FIRs. Sibal raised the issue of SIT seeking access to Mahmudabad’s digital devices.
Reiterating the Court’s earlier observations, Justice Kant told the Advocate General for Haryana, “Both FIRs are on record. What is the need for digital devices? Don’t try to expand the scope (of investigation). SIT is free to form its opinion, but not to go left or right.”
In the May 21 hearing of the matter, the top court while stating that no case for staying the investigation is made out, had said, “However, to holistically understand the complexity of the phraseology employed and for proper appreciation of some of the expressions used in these two online posts, we direct the Director General of Police, Haryana to constitute an SIT …”
During the hearing, Sibal also sought relaxation of the condition that restricts Mahmudabad from making online posts or public comments.
The bench, however, clarified that the restriction is not a blanket ban, but limited only to the subject matter of the two FIRs under investigation.
“See, he can write and speak. No reservations. But only not with regard to the subject matter of investigation,” Justice Kant told Sibal.
When Sibal pressed for broader relaxation, the bench responded, “Let it be for now. We will see on the next date.”
The Court had earlier declined to stay the investigation, noting that Mahmudabad had not made out a case to halt the proceedings. However, he was granted interim bail, subject to several conditions.
As part of those conditions, the bench had restrained Mahmudabad from making any further online posts, public statements, or speeches regarding Operation Sindoor, the associated FIRs, or any related incident of terrorism or India’s responses to Pahalgam terror attack. He was also directed to surrender his passport.
The FIRs were registered by Haryana Police, and Mahmudabad was arrested from his Delhi residence. He was subsequently remanded to two-day police custody. The charges include allegations of endangering India’s sovereignty and promoting communal disharmony, among others.
The Haryana State Women’s Commission had earlier termed Mahmudabad’s comments on the military operation as disparaging towards women officers in the Indian Armed Forces, claiming they fomented communal disharmony.
During the earlier hearing, the bench had taken strong exception to the language used in Mahmudabad’s online remarks.
Mahmudabad has maintained throughout that his comments were misunderstood, and he has since sought protection from arrest through the top court.
The matter will now be taken up again in July.
