Supreme Court warns SIT against expanding scope of probe against Ali Khan Mahmudabad

The Supreme Court on Wednesday refused to relax the conditions earlier imposed by it on Ashoka University's Ali Khan Mahmudabad while granting him protection from arrest in connection with his Facebook post on Operation Sindoor..Khan had specifically objected to the condition which restricted him from making online posts and comments.A Bench of Justices Surya Kant and Dipankar Datta today said that the restriction is only with respect to making posts and comments related to the first information reports (FIRs) registered against him and not a general restriction."See he can write and speak. No reservations. But only not with regard to subject matter of investigation," the Bench made it clear. Therefore, it refused to pass any direction on Khan's request in that regard and said it will examine the same during the next hearing date in July."Let it be for now. We will see on the next date. List after partial working days in July," the Court directed.Pertinently, in what could be a limited relief to Khan, the Court ordered that the investigation against Khan by the Special Investigation Team (SIT) shall not be an omnibus one but should be confined to the FIRs registered against him with respect to the Facebook post.This was after the State said the premises etc would have to be searched. The Court said the the scope of the probe cannot be expanded."No, don't turn this to left, right centre. Just focus on two FIRs," Justice Kant said.The same was then recorded in the order as well."We order that investigation shall be confined to the two FIRs. The investigation report to be produced before this court. Let interim protection be extended," the order said..No, don't turn this to left, right centre. Just focus on two FIRs.Supreme Court.In his Facebook post, Khan had criticised Pakistan sponsored terrorism, denounced war and said that all the plaudits received by Colonel Sofiya Qureshi of the Indian Army, who had led India's press briefing, should reflect on the ground. He had also said that right wing supporters in India should speak up against mob lynching.The post was made in light of Operation Sindoor, India's cross-border military response to Pakistan, following the Pahalgam terror attack of April 22 that killed 26 civilians in India.Following the same, two FIRs were registered against him.The first case against Mahmudabad was lodged based on a complaint by Yogesh Jatheri under Sections 196 (promoting hatred), 197 (imputations and assertions prejudicial to national integration), 152 (endanger the sovereignty, unity, and integrity of India), and 299 (culpable homicide) of the Bharatiya Nyaya Sanhita (BNS).The second first information report (FIR) followed a complaint by Haryana Women’s Commission Chairperson Renu Bhatia and included charges under Sections 353 (public mischief), 79 (insult to modesty), 152 of the BNS.He was then arrested by the Haryana Police and sent to judicial custody.Meanwhile, Khan moved the Supreme Court challenging his arrest and seeking quashing of the FIRs..When the matter was first heard on May 19, a Bench of Justices Surya Kant and N Kotiswar Singh had refused to stay the FIRs registered by Haryana Police against Khan in the matter but released him on interim bail.The Bench had said that Khan had not made out any case for stay on investigation.Pertinently, the Bench had proceeded to constitute a special investigation team to probe the matter in place of Haryana Police which was investigating the case.During the hearing that day, the Court had also taken strong exception to the language employed by Khan in his posts, saying it could have dual meanings."The bona fide part can be subject matter of investigation. The entire protection is that he is anti war. He says reasons are families will suffer along with civilians. He the also speaks of countries who manufacture war equipment will benefit. Any one who is conversant with such language can probe this Because some words have dual meanings," the Bench opined..It then set the following conditions to be adhered to by Khan:1. Single Set of Bail Bonds: Only one set of bail bonds is required for both FIRs, to the satisfaction of the Chief Judicial Magistrate, Sonipat, Haryana.2. Speech and Expression Restrictions:No online posts, articles, or speeches related to the two FIRs.No public opinion on the terrorist attack on Indian soil or the armed forces’ response.3. Passport Surrender:The petitioner must surrender their passport before the Chief Judicial Magistrate, Sonipat.4. Cooperation with Investigation:The Director General of Police must constitute a Special Investigation Team (SIT) within 24 hours.The petitioner must fully cooperate with the SIT.5. Investigation Support Clause:The interim bail is meant to aid the investigation.If any incriminating material surfaces, the SIT/investigating agency can seek modification of the bail order..Khan then moved the Court seeking relaxation of the conditions.Senior Advocates Kapil Sibal and Sidharth Luthra appeared for Khan.