New Delhi, 25 Aug

The Supreme Court on Monday restrained the trial court from taking cognisance of the chargesheet filed by Haryana SIT in the FIR against Ashoka University professor Ali Khan Mahmudabad, who was booked for social media posts on Operation Sindoor.

A bench of Justices Surya Kant and Joymalya Bagchi further restrained the trial court from framing any charges in the case.

The SIT, constituted by the top court to investigate the two FIRs registered against Mahmudabad over his contentious social media posts, informed the bench that, in one of them it has filed a closure report whereas in the other, a chargesheet was filed on 22 August.

Additional Solicitor General SV Raju, appearing for Haryana Police, informed about the same.

"During the course of investigation, several materials were found which disclose commission of offence and therefore a chargesheet was filed in another FIR," he said.

Senior advocate Kapil Sibal, appearing for Mahmudabad, said the filing of the chargesheet was "most unfortunate" pointing out that he was booked under Section 152 of BNS (sedition), whose validity is under challenge.

"This court said that they shouldn't go beyond the scope of FIR but they went beyond that," Sibal said, adding "they were just persecuting people in the country".

The bench asked Sibal to go through the chargesheet and prepare a chart of the alleged offences, saying it would consider the submissions on the next date of hearing.

The top court noted the FIR against Mahmudabad in which a closure report was filed and directed for quashing all the proceedings related to the case.

On 16 July, the SC questioned Haryana SIT's line of investigation in the case, saying "it misdirected itself".

It asked the Haryana SIT headed by a senior police officer to only confine itself to the two FIRs against Ali Khan Mahmudabad over his contentious social media posts and see if there was an offence and submit its report in four weeks.

The top court had relaxed the professor's bail condition imposed on 21 May and allowed him write posts, articles and express any opinion except on the sub-judice case.

On 28 May, the top court said there was no impediment on the professor's right to speech and expression, but barred him from sharing anything online on the cases against him.

The top court had made it clear that the subject matter of investigation was two FIRs lodged against the professor and asked the Haryana police not to go "left and right" in the investigation and seek the "devices", which the cops said they would like to examine.

On 21 May, the top court granted him interim bail, but refused to stay the investigation against him.

The top court had also restrained the professor from expressing any opinion in relation to the terrorist attack on Indian soil or the counter-response given by the Indian armed forces.

It had directed a three-member SIT to look into the FIRs against him.

Haryana Police arrested Mahmudabad on 18 May after two FIRs were registered against him. His contentious social media posts on Operation Sindoor, it is alleged, endangered the sovereignty and integrity of the country.

The two FIRs -- one based on a complaint by the chairperson of Haryana State Commission for Women, Renu Bhatia, and the other on a complaint by a village sarpanch -- were lodged by Rai police in Sonipat district.

He was booked under BNS sections 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate actions aimed at insulting the modesty of a woman) and 196 (1) (promoting enmity between different groups on grounds of religion).

Several political parties and academicians condemned the arrest.