Confine probe to 2 FIRs: SC grants relief to Ashoka prof
New Delhi, May 29 -- The Supreme Court on Wednesday directed that the Special Investigation Team (SIT) probe against Ashoka University professor Ali Khan Mahmudabad must be confined strictly to the contents of the two First Information Reports (FIR)s registered against him over his Facebook posts on "Operation Sindoor" and that there was no need for it to ask for his electronic devices.
A bench of justices Surya Kant and Dipankar Datta clarified that the SIT, constituted by Haryana following a previous order of the apex court, cannot investigate matters "beyond the scope" of the two FIRs already registered against Mahmudabad.
"We direct that the investigation of SIT be confined to the contents of the two FIRs subject matter of these proceedings," the court said. It added that the SIT must submit its report to the Supreme Court before submitting it before the jurisdictional court once its probe was over.
The court issued the directions after Senior advocate Kapil Sibal, who appeared for Mahmudabad, expressed apprehensions that the SIT might extend the investigation beyond the FIRs. Sibal told the Court that the SIT already asking Mahmudabad to submit his electronic devices. The court then said that the two FIRs were already on record and the SIT should not need Mahmudabad's phone and other electronic devices. "Both FIRs are matter of record. What is the need for devices? Do not try to expand the scope of the investigation," the court said.
The court however, declined to modify the bail conditions imposed on Mahmudabad, particularly the restriction on making public comments or posts, and writing articles or expressing opinion related to the subject matter of the FIRs. It said that it had no intention to curb Mahmudabad's right to free speech and expression and that it had only prevented him from making further comments on the India-Pakistan conflict to prevent a "media trial" in the case.
"See, he can write and speak. No reservations. But only not with regard to subject matter of investigation," the court told Sibal, adding that the condition was only a temporary "cooling-off" measure. The Court also took note of the National Human Rights Commission's cognisance of issues with how the FIRs against Mahmudabad were registered, and asked Haryana if it had responded to the body's queries on the matter. It said it will hear the matter further in July this year, and that until then, the interim bail granted to Mahmudabad would continue....
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