The Supreme Court on Wednesday questioned Haryana SIT's line of investigation in the case of Ashoka University professor booked for social media posts on Operation Sindoor saying "it misdirected itself".
A bench of Justices Surya Kant and Joymalya Bagchi 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.
"We are asking why SIT is, on the face of it, misdirecting itself. They were supposed to examine contents of the posts," Justice Kant said.
The bench further said there was no occasion for the SIT to seize electronic gadgets including Mahmudabad's cell phones for investigation.
Since Mahmudabad was cooperating with the investigation, there was no need to summon him again, it added.
The top court also relaxed the professor's bail condition imposed on May 21 and allowed him write posts, articles and express any opinion except on the sub judice case.
On May 28, 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 court said the SIT was set up for "holistic understanding of the phraseology employed and for proper appreciation of the expressions contained in the two social media posts". It underlined that the SIT's probe must be confined to the contents of the two FIRs.
"Not for us to comment where the SIT is headed and is processing. We, however, remind the SIT of the mandate in our order dated May 28. We direct that the probe with reference to the contents of the two social media posts as early as possible but not later than 4 weeks," the court said. "It seems to us that it is not needed to summon the petitioner again to join the investigation," it added, reports NDTV.
When the state's counsel said if the professor may be asked to join the investigation at any point, Justice Kant had a sharp response: "You do not need him, you need a dictionary!"
The investigation should not have taken two days, it added.
"There are two social media posts and two FIRs. The question is very simple. Which line and which word or expression constitutes an offence. This is what the SIT, being an expert body, has to find out," the top court said.
On May 21, the top court granted him interim bail, but refused to stay the investigation against him.
It directed a three-member SIT to look into the FIRs against him.
Haryana Police arrested Mahmudabad on May 18 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.
"On the Commission chairperson's complaint, the FIR has been lodged against Professor Ali of Ashoka University 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)," police said.
Several political parties and academicians condemned the arrest.
