The Impressive TimesNew Delhi, May 28, 2025 — The Supreme Court today restricted the scope of the Special Investigation Team (SIT) probe involving Ashoka University professor Ali Khan Mahmudabad, directing that the investigation be limited strictly to the two FIRs already registered concerning his social media posts linked to ‘Operation Sindoor’.
A bench comprising Justices Surya Kant and Dipankar Datta issued these orders while hearing senior advocate Kapil Sibal’s arguments on behalf of Mahmudabad, who raised concerns over the possibility of the SIT widening its probe beyond the current FIRs.
“We order that the SIT’s investigation shall be confined solely to the contents of the two FIRs that are subject to these proceedings. Before submitting the investigation report to the trial court, it must be presented before this Court,” the bench declared, also extending interim protection granted to Mahmudabad until further notice.
The Court emphasized to the Haryana Additional Advocate General (AAG) that the SIT’s mandate cannot extend beyond the two FIRs currently under examination. Sibal had also challenged the authorities’ request to access Mahmudabad’s digital devices.
Justice Kant remarked, “Both FIRs are already on record. Why do you need access to devices? Do not attempt to broaden the scope. The SIT is free to form its own opinion but should not stray beyond the matter at hand.”
Sibal additionally sought relaxation of bail conditions that presently prohibit Mahmudabad from commenting on the matters under investigation. The Court responded by clarifying these restrictions were temporary, serving as a “cooling-off period.”
“He is free to express himself on other subjects. We do not want a parallel media trial. There is no restriction on his right to free speech otherwise,” Justice Kant noted, suggesting Sibal revisit the plea for easing conditions at the next hearing.
The bench also instructed the Haryana government to respond regarding the National Human Rights Commission’s (NHRC) intervention over the FIR registration process in Mahmudabad’s case. “You must update us on that as well,” the Court told the Haryana AAG.
Professor Ali Khan Mahmudabad was arrested on May 18 for social media posts allegedly violating provisions of the Bharatiya Nyaya Sanhita (BNS), including sections related to promoting communal discord, threatening national sovereignty, and outraging the modesty of women.
He was held in custody until May 21 when the Supreme Court granted him interim bail. While not halting the investigation, the Court ordered the formation of an SIT led by senior IPS officers from outside Haryana and Delhi to thoroughly examine the complex language used in the controversial posts.
As part of the bail terms, Mahmudabad was barred from posting or commenting on issues related to the FIRs, including topics on terrorism or India’s counter-terrorism actions. He was also required to surrender his passport and fully cooperate with the SIT.
Addressing concerns about multiple FIRs for the same incident, the Court had already directed the Haryana government to ensure no further FIRs are registered on identical grounds.
Justice Kant had previously criticized the tone of Mahmudabad’s social media posts, describing them as “dog-whistling” and lacking civility. He pointed out Mahmudabad’s references to right-wing commentators and mob lynching as examples of divisive political commentary that could hurt public sentiments.
The bench also warned against protests from student and faculty groups over Mahmudabad’s arrest, cautioning, “If they attempt any disruption, we will take strict action.”
Additionally, Mahmudabad was summoned by the Haryana State Commission for Women, led by Renu Bhatia, regarding remarks deemed objectionable under the BNS.
The case remains under Supreme Court supervision, which will review the SIT’s report before it is submitted to the trial court for further proceedings.
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