The Supreme Court has once again expressed its concerns regarding the Special Investigation Team (SIT) probing Facebook posts made by Ali Khan Mahmudabad, an Assistant Professor at Ashoka University. The bench, consisting of Justices Surya Kant and Joymala Bagchi, criticized the SIT for expanding the scope of its investigation beyond the two First Information Reports (FIRs) already filed against Mahmudabad. The court has now directed the SIT to confine its investigation specifically to the content and language used in the Facebook posts.
The case originates from Facebook posts by Mahmudabad concerning the Pahalgam terror attack and Operation Sindoor. He had criticised Pakistan-sponsored terrorism, praised Operation Sindoor and the Indian armed forces. However, he also questioned the silence of right-wing commentators on issues such as mob lynching. In one post, Mahmudabad highlighted the bravery of Col. Sofiya Qureshi, who led India's briefing after the cross-border operation, while also pointing out the "hypocrisy" of the right-wing regarding the treatment of Muslims.
The Haryana State Commission for Women filed one of the FIRs, accusing Mahmudabad of "vilifying" the Indian Army and "outraging the modesty of women in uniform". The Supreme Court bench has emphasized that the SIT's investigation should strictly focus on determining whether the language and content of the Facebook posts constitute an offense, and not to launch a broad, unfocused inquiry.
During the proceedings, the Supreme Court rejected a request from Additional Solicitor General (ASG) SV Raju for an additional two months to complete the probe. The Court gave the SIT four weeks to wrap up the probe. Justice Kant quipped that the SIT might need "a dictionary" rather than Mahmudabad himself, highlighting the need for a nuanced linguistic interpretation of the posts rather than heavy-handed police scrutiny.
The court clarified that Mahmudabad, who had already participated in the investigation and had his electronic devices examined, was not required to appear before the SIT again. Furthermore, the interim protection from arrest granted to Mahmudabad will continue. The court also affirmed that he is free to publish social media posts and articles, as long as he refrains from commenting on matters that are currently under judicial consideration. "The petitioner is free to write any online posts or articles except commenting on sub judice matter,” the Court said in its order.