New Delhi [India], August 25 : The Supreme Court on Monday in an interim order barred the Magistrate from taking cognisance of the charge sheet filed in an FIR against Ali Khan Mahmudabad, associate professor and head of the Political Science department at Ashoka University in Haryana, over his social media posts on Operation Sindoor, and asked why it was 'misdirecting itself'.
A bench of Justices Surya Kant and Joymalya Bagchi's order came after Haryana Police informed it that it had filed a closure report in one FIR against Mahmudabad and in another FIR, a chargesheet was filed.
Hence, it quashed the FIR in which the closure report was filed, and with regard to the other FIR, it barred the Magistrate from taking cognisance of it.
Senior advocate Kapil Sibal, appearing for Mahmudabad, objected to the chargesheet filed in one FIR.
On the last date of hearing, the top court had questioned the Haryana Police Special Investigation Team (SIT), constituted to investigate the two FIRs lodged against Mahmudabad.
It had been said that the SIT was formed specifically to investigate the two social media posts and asked why it was expanding the scope, as it was informed that the SIT had seized his devices and was asking about foreign trips for the last ten years.
Earlier, the top court had granted interim bail to Mahmudabad while refusing to stay the two FIRs registered by Haryana Police against him in the matter, saying he has not made out any case for stay on investigation. However, the bench had released him on interim.
Mahmudabad had approached the top court against his arrest over a social media post.
He was arrested by the Haryana police at his residence in Delhi, following the registration of two separate cases.
He was charged with, among other things, endangering India's sovereignty, unity and integrity for his comments on Operation Sindoor.
The State Women's Commission had earlier termed Mahmudabad's social media comments as disparaging toward women officers in the Indian Armed Forces and said it also promoted communal disharmony. On May 13, Bhatia had dispatched the summons to the associate professor.
He clarified that his comments had been completely misunderstood.