Haryana can decide to close case against Mahmudabad: Supreme Court

NEW DELHI: Supreme Court on Tuesday told the Haryana government that it could show magnanimity and close the case against Asoka University professor Ali Khan Mahmudabad, chargesheeted for his allegedly offensive remarks relating to ‘Operation Sindoor’ even as it warned that closure of the case must not embolden the academic to make reckless statements.

On August 25, Supreme Court had stayed trial court proceedings on the framing of charges. Haryana police had registered two FIRs against Mahmudabad for an article of his, terming it as derogatory, though the academic had called its contents ‘patriotic’.

Chargesheet filed in August, Haryana yet to give prosecution sanction: Supreme Court

Additional solicitor general S V Raju informed a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi that since SC had stayed the framing of charges, Haryana govt has not yet made a decision on granting sanction for Mahmudabad's prosecution.

In its order, the CJI-led bench said, "Though the chargesheet had been filed in Aug last year, the Haryana govt is yet to grant sanction for prosecution. ASG will seek instruction whether the state is not inclined to grant sanction for prosecution by showing magnanimity." It posted the matter for hearing after six weeks.

The bench said if the competent authority decides to close the case by declining sanction, it should not be taken as a licence by the professor to make irresponsible statements. "We are sure he will behave responsibly," it said. On May 21, SC had granted interim bail to Mahmudabad but ordered Haryana DGP to constitute an SIT of IPS officers to probe the bona fide of the allegedly objectionable statements he made during 'Operation Sindoor'.

Taking exception to the article, the bench said, "We don't know what's happening. Everyone talks only about their, this and that right as if for the last 75 years the country is only distributing rights without teaching them their duties." Mahmudabad was arrested on May 18 for his allegedly offensive posts after FIRs were registered on complaints filed by Renu Bhatia, chairperson of Haryana State Commission for Women and Jatheri village sarpanch, a BJP functionary.

Select The Times of India as your preferred source on Google Search