The Supreme Court restrained the trial court from taking cognisance of the chargesheet filed by Haryana SIT in the FIR against Ashoka University professor Ali Khan Mahmudabad, who was booked in May for social media posts on Operation Sindoor Monday.
The Haryana police also informed the apex court that a closure report was filed in one FIR and has filed another chargesheet in another case against him for social media posts related to Operation Sindoor.
The bench comprising Justices Surya Kant and Joymalya Bagchi also restrained the trial court from framing any charges in the case.
The SIT, constituted by the top court to investigate the two FIRs registered against Mahmudabad over his contentious social media posts, informed the bench that in one of them it has filed a closure report while in one a chargesheet was filed on August 22 after it was found that some offences were made out.
Terming the filing of the chargesheet as “most unfortunate”, appearing for Ali Khan Mahmudabad, senior advocate Kapil Sibal said, “They have booked him under section 152 of BNS (sedition), whose validity is under challenge.”
The bench asked Sibal to review the chargesheet and prepare a chart of the alleged offences, stating that it would consider the submissions on the next date of hearing.
The apex court noted that in one FIR against Mahmudabad, a closure report has been filed and directed for quashing all the proceedings related to the case.
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Last month, SC questioned why Haryana SIT’s line of investigation “misdirected itself” in the case. It had directed a three-member SIT to look into the FIRs against him. On May 18, Mahmudabad was arrested by the Haryana Police after two FIRs were registered against him. In the FIR, it was alleged that his contentious social media posts on Operation Sindoor endangered the sovereignty and integrity of the country.
The two FIRs — one based on a complaint by the chairperson of Haryana State Commission for Women, Renu Bhatia, and the other on a complaint by a village sarpanch — were lodged by Rai police in Sonipat district.
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).
Several political parties and academicians condemned the arrest.
