SC stays sedition case against Ashoka University professor over Op Sindoor posts
Kapil Sibal argued that the SIT had exceeded its mandate by looking into unrelated issues, such as the professor’s foreign travels over the past decade
The Supreme Court on Monday (August 25) stayed sedition proceedings against Ashoka University professor Ali Khan Mahmudabad over his social media posts on Operation Sindoor. It directed that no cognisance be taken of the chargesheet filed in one FIR, while noting that a closure report had already been submitted in another.
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A bench, comprising Justices Surya Kant and Joymalya Bagchi, also granted time to the professor's counsel to respond to the Special Investigation Team (SIT) report submitted in the matter. The bench also told Haryana police’s SIT that it can’t frame charges against him till the next hearing.
SIT exceeded mandate: Sibal
Senior Advocate Kapil Sibal, appearing for Mahmudabad, contended that it was “unfortunate” that the Haryana police had invoked Section 152 of the Bharatiya Nyaya Sanhita (BNS), which pertains to offences prejudicial to the nation’s sovereignty, over his social media remarks.
Sibal pointed out that the Supreme Court is already hearing a challenge to the constitutionality of Section 152 of the BNS. He further argued that the SIT had exceeded its mandate by looking into unrelated issues, such as the professor’s foreign travels over the past decade, even though the court had on May 28 directed it to restrict its probe to the social media posts in question.
The Haryana police told the court that it had filed a closure report in one FIR against Mahmudabad and a chargesheet in another.
‘You need a dictionary’
The bench quashed the FIR in which the closure report was submitted and, through an interim order, restrained the Magistrate from taking cognisance of the chargesheet in the other case. Additional Solicitor General SV Raju represented the Haryana police.
The Supreme Court noted that Mahmudabad had fully cooperated with the probe, including surrendering his digital devices, and directed that he should not be summoned again.
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“You don’t need him, you need a dictionary,” Justice Surya Kant observed, stressing that the SIT’s inquiry must remain confined to the two FIRs registered against the professor. The court directed the SIT to complete its investigation within four weeks.
Op Sindoor remark row
Mahmudabad was arrested on May 18 over a social media post commenting on the government’s decision to have Colonel Sofiya Qureshi and Wing Commander Vyomika Singh brief on Operation Sindoor, launched in retaliation to the April 22 Pahalgam attack.
Three days later, the Supreme Court granted him bail on the conditions that he would not write articles, post online, or deliver speeches related to the case, refrain from commenting on the Pahalgam attack or Operation Sindoor, and surrender his passport.