Comments on ‘Operation Sindoor’: SC questions SIT over probe against Ashoka University teacher

Taking strong exception to the Haryana Police SIT seizing electronic gadgets, including 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”.

Advertisement

"Why is the SIT on the face of it misdirecting itself? They can say that the article (Facebook posts by Prof 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?" a Bench led by Justice Surya Kant asked.

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

Pointing out that the SIT constituted specifically to examine only his Facebook posts to find out if any offence was made out, the Bench said it was not meant 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 said it’s not needed to summon him again to join the probe. "You do not need him (Prof Mahmudabad)…you need a dictionary,” Justice Kant told ASG in a veiled reference to 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 two Facebook posts of Prof Mahmudabad on ‘Operation Sindoor’, the top court asked it to submit a report in four weeks.

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

On behalf of the petitioner, senior counsel Kapil Sibal asserted that there can’t be a roving inquiry in the case as Prof Mahmudabad’s posts were not offensive at all. "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’.