A bench of Justices Surya Kant and Joymalya Bagchi also restrained the trial court from framing any charges in the case
New Delhi: The Supreme Court on Monday restrained the trial court from taking cognisance of the chargesheet filed by the Haryana SIT in the FIR against Ashoka University professor Ali Khan Mahmudabad, accused over contentious social media posts on Operation Sindoor.
A two-judge bench of Justices Surya Kant and Joymalya Bagchi also directed the trial court not to frame any charges in the case.
The SIT informed the bench that in one of the two FIRs against Mahmudabad, it had filed a closure report, while in the other, a chargesheet was submitted on August 22 after it found that certain offences were made out.
The SIT was constituted by the Supreme Court to investigate the two FIRs registered against the professor over his contentious posts.
Senior advocate Kapil Sibal, appearing for Mahmudabad, termed the filing of the chargesheet “most unfortunate” and argued that he had been booked under Section 152 of the Bharatiya Nyaya Sanhita (sedition), the validity of which is currently under challenge.
The apex court asked Sibal to examine the chargesheet and prepare a chart of the alleged offences, stating it would consider the submissions on the next date of hearing.
The court also noted that in one FIR against Mahmudabad a closure report had been filed, and it directed that all related proceedings be quashed.
On July 16, the Supreme Court had criticised the Haryana SIT’s line of investigation in the case, observing that “it misdirected itself.” Earlier, on May 21, the court granted Mahmudabad interim bail but refused to stay the investigation, and directed a three-member SIT to examine the FIRs.
Mahmudabad was arrested by Haryana Police on May 18 after two FIRs were lodged against him.
According to the FIRs, his social media posts on Operation Sindoor allegedly endangered the sovereignty and integrity of the country. The complaints were filed separately by Renu Bhatia, chairperson of the Haryana State Commission for Women, and a village sarpanch, following which the FIRs were registered by Rai police in Sonipat district.
He was booked under Sections 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate acts aimed at insulting the modesty of a woman), and 196(1) (promoting enmity between different groups on grounds of religion) of the BNS.
