‘You don’t need him, you need a dictionary’: SC asking why SIT probing Ali Mahmudabad's posts is ‘misdirecting’ itself

The Supreme Court on July 16 asked why the Haryana Police Special Investigation Team (SIT), constituted to investigate the two FIRs lodged against Ashoka University Professor Ali Khan Mahmudabad over his two social media posts on 'Operation Sindoor', was ‘misdirecting’ itself.

A bench of Justices Surya Kant and Joymalya Bagchi observed that the SIT was formed specifically to investigate the two social media posts and asked why it was expanding the scope.

The top court directed the SIT to complete its inquiry within four weeks, legal news website LiveLaw reported.

The bench pointed out that the SIT was constituted specifically to understand the true meaning of the social media posts and to ascertain if they constituted any offence. The bench asked why the petitioner's devices were seized.

"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 SV Raju, who was representing the State.

Noting that the petitioner has cooperated with the investigation and surrendered his devices, the Court relaxed his bail conditions and directed that he should not be summoned again.

"You don't require him (Mahmudabad), you require a dictionary," Justice Kant said.

The Court reiterated that the investigation must remain confined to the contents of the two FIRs and not become a broader inquiry.

Mahmudabad, who teaches Political Science at Haryana-based Ashoka University, was arrested on May 18 for his remarks regarding press briefings on Operation Sindoor, India's military action in May on terror camps in in Pakistan in the aftermath of Pahalgam terror attack that killed 26, people mostly tourists in South Kashmir on April 22.

The arrest was based on a complaint filed by Yogesh Jatheri,the general secretary of the Bharatiya Janata Party (BJP) Yuva Morcha in Haryana, reports said quoting his lawyers.

On May 21, however, the Supreme Court granted interim bail to Mahmudabad and directed the constitution of a three-member Special Investigation Team (SIT) to investigate the case.

Mahmudabad's remarks were annexed to the commission's notice, and in one of them, he purportedly said right-wing people applauding Col Sofiya Qureshi should demand protection for victims of mob lynchings and "arbitrary" bulldozing of properties.

Mahmudabad was alleged to have described the media briefings by Col Qureshi and Wing Commander Vyomika Singh as "optics".

"But optics must translate to reality on the ground, otherwise it's just hypocrisy," he added.

The commission previously said an initial review of Mahmudabad's remarks raised concerns about the "disparagement of women in uniform, including Col Qureshi and Wing Commander Singh, and undermining their role as professional officers in the Indian Armed Forces".

Born in Lucknow on December, 2, 1982, Ali is the son of Mohammad Amir Mohammad Khan, popularly known as Raja Sahab Mahmudabad, who spent about forty in a legal battle to reclaim his ancestral property seized by the government under the Enemy Properties Act. Raja Saheb passed away in October 2023.

Key directions and developments from the hearing:

Professor Ali Khan Mahmudabad is free to write articles and social media posts, except on the subjudice matter.

-The Court clarified that its earlier orders did not restrict his expression.

-The SIT does not need to summon him again for questioning. The Court noted that the petitioner has already joined the investigation and his devices have been examined.

-The probe must be completed within four weeks, strictly limited to the language and content of the two Facebook posts related to the violence in Pahalgam.

-Justice Surya Kant questioned the course of the SIT’s probe, observing: “Why is the SIT, on the face of it, misdirecting itself?”

-The Court reminded the SIT that it was set up specifically to examine whether any offence was made out from the phrasing used in the posts—not to launch a roving inquiry.

- Interim protection from arrest granted to Mahmudabad will continue.

(With inputs from Bar and Bench)