Supreme Court Restrains Trial Court In FIR Against Ashoka University Professor Ali Khan Mahmudabad

The Supreme Court on Monday restrained a Haryana trial court from taking cognisance of a chargesheet filed against Ashoka University professor Ali Khan Mahmudabad over social media posts on Operation Sindoor. A bench of Justices Surya Kant and Joymalya Bagchi also directed that no charges be framed while the matter is under consideration.

The Special Investigation Team (SIT), constituted by the apex court to examine two FIRs against Mahmudabad, told the bench it had filed a closure report in one case and a chargesheet on 22 August in the other after finding that certain offences were made out, PTI reported.

Senior advocate Kapil Sibal, appearing for Mahmudabad, termed the filing of the chargesheet as “most unfortunate” and argued that he had been booked under section 152 of the Bharatiya Nyaya Sanhita (sedition), whose validity is under challenge. The bench asked Sibal to study the chargesheet and prepare a chart of the alleged offences, saying the submissions would be considered on the next date of hearing.

The court recorded that a closure report had been filed in one FIR and ordered the quashing of all proceedings arising from it, reported PTI. On 16 July, the bench had questioned the Haryana SIT’s line of investigation, observing that “it misdirected itself”.

Additional Solicitor General S V Raju, appearing for Haryana Police, informed about the same.

"During the course of investigation, several materials were found which disclose commission of offence and therefore a chargesheet was filed in another FIR," he said.

"This court said that they shouldn't go beyond the scope of FIR but they went beyond that," Sibal said, adding "they were just persecuting people in the country".

The bench asked Sibal to go through the chargesheet and prepare a chart of the alleged offences, saying it would consider the submissions on the next date of hearing.

The top court noted the FIR against Mahmudabad in which a closure report was filed and directed for quashing all the proceedings related to the case.

Mahmudabad was arrested by Haryana Police on 18 May after two FIRs were registered in Sonipat district. On 21 May, the Supreme Court granted him interim bail but declined to stay the investigation, and appointed a three-member SIT to probe the cases, according to PTI.

The FIRs, one based on a complaint by Haryana State Commission for Women chairperson Renu Bhatia and the other by a village sarpanch, were lodged by Rai police. He was booked under BNS sections 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate actions aimed at insulting the modesty of a woman) and 196(1) (promoting enmity between different groups on grounds of religion).

Authorities allege the posts endangered the country’s sovereignty and integrity. The arrest drew criticism from several political parties and academicians, PTI reported.

(With inputs from PTI)