SC stays Ashoka University professor's trial over Op Sindoor posts
What's the story
The Supreme Court has stayed the trial against Ashoka University professor Ali Khan Mahmudabad over his Facebook posts on Operation Sindoor. The decision came after Haryana Police told the court that it had filed a closure report in one FIR and a chargesheet in another against him. Taking note, a bench of Justices Surya Kant and Joymalya Bagchi quashed the FIR with the closure report and issued an interim order barring further cognizance on the other FIR.
Legal scrutiny
SC examining constitutionality of Section 152
Senior Advocate Kapil Sibal, representing Mahmudabad, criticized the Haryana Police for invoking Section 152 of the Bharatiya Nyaya Sanhita, which addresses offenses against the nation's sovereignty. He argued that it was "unfortunate" to use this section for social media comments. He said that the Supreme Court is now examining the constitutionality of this provision.
Bail conditions
Mahmudabad granted interim bail on May 21
In his Facebook posts, Mahmudabad had criticized Pakistan-sponsored terrorism and condemned war. He also called for right-wing supporters in India to speak out against mob lynching. Two FIRs were filed against him over these remarks. The first was based on a complaint by Yogesh Jatheri under various sections of the BNS. The second was lodged after a complaint by Haryana Women's Commission Chairperson Renu Bhatia, including charges of public mischief and insult to modesty.
Investigation scope
SIT probe limited to 2 FIRs, SC emphasized
Mahmudabad was arrested on May 18 and granted interim bail by the Supreme Court on May 21. The court ordered the formation of a Special Investigation Team (SIT) to probe Mahmudabad's online posts. On the last date, the court stressed that the SIT's probe should be limited to these two FIRs and not expand further. Justice Kant quipped, "You don't require him (Mahmudabad), you require a dictionary," indicating that further summoning of Mahmudabad was unnecessary.