Supreme Court Limits Investigation into Ashoka University Professor's Comments
Supreme Court's Directive on Investigation
On Wednesday, the Supreme Court ruled that the investigation by the Special Investigation Team (SIT) regarding comments made by Ali Khan Mahmudabad, an Associate Professor at Ashoka University, should focus solely on the two first information reports (FIRs) filed against him. The bench, comprising Justices Surya Kant and Dipankar Datta, mandated that the investigation report be submitted to the Supreme Court prior to being presented in the relevant jurisdictional court.
The court also confirmed that the interim protection granted to Mahmudabad would remain in effect until further notice.
Background of the Case
Mahmudabad, who leads the political science department at Ashoka University, faces two FIRs related to his remarks about media briefings concerning the Indian military's Operation Sindoor, which targeted terrorist camps in Pakistan and Pakistan-occupied Kashmir following the Pahalgam attack on April 22.
One FIR was lodged by Yogesh Jatheri, the general secretary of the Bharatiya Janata Party’s Yuva Morcha in Haryana, while the other was filed by Renu Bhatia, chairperson of the Haryana State Women’s Commission.
He was arrested on May 18 and subsequently placed in judicial custody on May 20.
Court Proceedings and Restrictions
On May 21, the court granted Mahmudabad interim bail but did not halt the ongoing investigation. The Haryana police were instructed to establish a special investigation team to interpret Mahmudabad's statements.
He was prohibited from sharing or commenting on social media regarding the posts under investigation and was directed not to discuss the Pahalgam terror attack or India's military response.
During the recent hearing, advocate Kapil Sibal, representing Mahmudabad, expressed concerns that the SIT might broaden its investigation. Justice Kant questioned the necessity of accessing Mahmudabad's digital devices, emphasizing that the FIRs were already part of the record.
Mahmudabad's Statements and Reactions
Mahmudabad is contesting the conditions imposed by the court during his interim bail hearing. The bench clarified that the restrictions only pertain to comments and posts related to the FIRs against him, allowing him to express himself freely on other matters.
He faces charges under the Bharatiya Nyaya Sanhita, which includes offenses that threaten communal harmony and national sovereignty, as well as actions that could insult a woman's modesty.
Contentious Remarks
In a social media post dated May 8, Mahmudabad criticized the apparent contradiction of Hindutva commentators praising Colonel Sofiya Qureshi, who represented the Army during the media briefings on the military operation. He suggested that these commentators should also advocate for the protection of victims of mob lynchings and other injustices attributed to the Bharatiya Janata Party.
He argued that while the optics of the press briefings were significant, they must translate into real change to avoid being mere hypocrisy.
The Haryana women’s panel accused him of attempting to undermine national military actions, claiming he ignored their summons. Mahmudabad defended his comments as an exercise of his fundamental right to free speech aimed at fostering peace and harmony.