SC bars magistrate from taking cognisance of chargesheet against Ashoka University professor

The Supreme Court on Monday restrained a magistrate from taking cognisance of a chargesheet filed by the Haryana Police’s Special Investigation Team in a case against Ashoka University Associate Professor Ali Khan Mahmudabad for his comments about the press briefings on Operation Sindoor, PTI reported.

A bench of Justices Surya Kant and Joymala Bagchi also quashed all the proceedings in a second FIR against Mahmudabad, Live Law reported. The court said that no charges should be framed against Mahmudabad.

The order was passed after Additional Solicitor General SV Raju, representing the Haryana Police, told the bench that a closure report was filed in the second case.

Advocate Kapil Sibal, representing Mahmudabad, said it was “most unfortunate” that the associate professor had been booked under Section 152 of the Bharatiya Nyaya Sanhita, whose validity was under challenge in a separate case.

Section 152 pertains to acts endangering the sovereignty, unity and integrity of India. Critics have argued that Section 124A, which defined the offence of sedition, was slipped into the law again in the guise of Section 152 when the BNS replaced the Indian Penal Code in July 2024.

“You [respondent] are just persecuting people in this country, that’s all,” Bar and Bench quoted Sibal as saying.

The bench asked Sibal to go through the chargesheet and prepare a chart of the alleged...

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