The Supreme Court (SC) has expressed concerns regarding the direction of the Special Investigation Team (SIT) probing the case against Ashoka University Professor Ali Khan Mahmudabad, who was arrested following social media posts concerning "Operation Sindoor". The court has firmly directed the SIT to confine its investigation to the contents of the two First Information Reports (FIRs) filed against the professor, cautioning against expanding the scope of the inquiry.
Justices Surya Kant and Joymalya Bagchi, constituting the bench, questioned the SIT's actions, particularly the seizure of Mahmudabad's devices and inquiries about his foreign travels over the past decade. Senior Advocate Kapil Sibal, representing Mahmudabad, brought to the court's attention that the SIT was overstepping its bounds, despite the court's previous order on May 28, 2025, which specifically limited the probe to the social media posts.
Justice Kant emphasized that the SIT was formed to understand the true meaning of the social media posts and determine if they constituted any offense. The court questioned the necessity of seizing devices for this purpose, stating, "We are asking why SIT is, on the face of it, misdirecting itself. They were supposed to examine contents of the posts".
Additional Solicitor General SV Raju, representing the State, argued that the investigating officer has the prerogative to examine all potentially incriminating aspects. However, Sibal countered that there cannot be a "roving enquiry," especially considering Mahmudabad had already been summoned multiple times.
The Supreme Court's intervention underscores the importance of protecting freedom of speech and expression while ensuring that investigations remain focused and do not become tools for harassment. The court has made it clear that while Mahmudabad is subject to investigation regarding his social media posts, his fundamental right to speech cannot be unduly restricted. The bench clarified that the restriction imposed on Mahmudabad is limited to the subject matter of the investigation, specifically not commenting on Operation Sindoor, but he is otherwise free to express his views.
The case stems from social media posts made by Mahmudabad, an associate professor of Political Science at Ashoka University, regarding media briefings on "Operation Sindoor". He had described the briefings by women officers as "optics" and "just hypocrisy". Following these posts, two FIRs were filed against him, leading to his arrest.
The Faculty Association of Ashoka University has condemned the arrest, calling the charges "groundless and untenable". The Supreme Court had earlier granted Mahmudabad interim bail but refused to stay the FIRs, forming the SIT to take over the investigation. The court has directed the SIT to submit its investigation report to the apex court before filing it in the jurisdictional court. The Supreme Court has extended Mahmudabad's interim bail and has barred him from making online posts about the FIRs against him.