The Supreme Court on Monday restrained a Haryana trial court from taking cognisance of the chargesheet filed against Ashoka University professor Ali Khan Mahmudabad, who was booked earlier this year for social media posts related to Operation Sindoor.
A bench of Justices Surya Kant and Joymalya Bagchi directed that no charges be framed in the case until further orders.
During the hearing, the court was informed that the Special Investigation Team, constituted on the court’s orders, had completed its probe into the 2 FIRs lodged against Mahmudabad in May. The SIT told the bench that it had filed a closure report in one case, but in the 2nd FIR, a chargesheet was submitted on August 22, after concluding that “some offences were made out.”
Sibal Objects To Sedition Charge
Appearing for Mahmudabad, senior advocate Kapil Sibal termed the filing of the chargesheet “most unfortunate,” pointing out that it invoked Section 152 of the Bharatiya Nyaya Sanhita (BNS) — the provision replacing sedition law — whose constitutional validity is under challenge.
“They have booked him under Section 152, whose validity is under challenge,” Sibal argued.
The bench asked Sibal to review the chargesheet and submit a chart of the alleged offences for detailed consideration at the next hearing.
One FIR Quashed, SIT Under Scrutiny
The Supreme Court noted that proceedings related to the FIR in which a closure report was filed should be quashed. It also reiterated its earlier observation questioning why the Haryana SIT’s investigation “misdirected itself.”
Last month, the court directed the constitution of a three-member SIT to probe the FIRs, citing concerns about the fairness of the initial investigation.
Case Background
On May 18, Mahmudabad was arrested after 2 FIRs were registered against him in Sonipat district over alleged “objectionable” posts on social media concerning Operation Sindoor. The complaints were filed by Haryana State Commission for Women chairperson Renu Bhatia and a local sarpanch.
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