Supreme Court Asks MP Govt To Decide On Sanction To Prosecute Minister Vijay Shah Over Remarks Against Colonel Sofiya Qureshi

The Supreme Court on Monday directed the State of Madhya Pradesh to take a decision within two weeks on granting sanction to prosecute Minister Kunwar Vijay Shah in the case over his objectionable remarks targeting Colonel Sofiya Qureshi.

A bench comprising Chief Justice of India Surya Kant, Justice Deepankar Datta and Justice Joymalya Bagchi noted that the Special Investigation Team consttitued by the Court has completed its investigation and filed the final report, and was awaiting the sanction of the State Government, which is necessary for the Court to take cognizance of the offence under Section 196 (promotion of communal hatred, ill-will) of the Bharatiya Nyaya Sanhita.

The bench also noted that the SIT report has referred to certain other instances, where Shah has made alleged objectionable remarks. The Court asked the SIT to submit a report on the action proposed to be taken with respect to such instances as well.

In the aftermath of Operation Sindoor, Shah had made certain remarks against Colonel Qureshi, who had given the media briefings on behalf of the Indian Army. Soon after that, the Madhya Pradesh High Court took sou motu cognizance of Shah's remarks, and directed the registration of an FIR against him. Challenging the High Court's order, Shah approached the Supreme Court. The Supreme Court, while verbally deprecating his remarks, constituted an SIT to investigate the matter. The arrest of Shah was also stayed in the meantime.

Today, Senior Advocate Maninder Singh, for Shah, informed the bench that he has placed on record his apology and that he was cooperating with the investigation. However, the bench said that there was no apology filed on record.

"It is too late to tender any apology...we had earlier commented on what kind of apology is submitted," CJI Kant said. Earlier, the Court had rejected the public apology said to have been expressed by Shah as mere "crocodile tears" to "wriggle out of legal liability." In a later hearing, the Court expressed dissatisfaction with the "online apology" said to have been tendered by him.

Shah is alleged to have stated in a public meeting that after the Pahalgam terror attack, the country avenged the terrorists by sending the "sister of the terrorists" to destroy them.

Case Title: KUNWAR VIJAY SHAH Versus THE HIGH COURT OF MADHYA PRADESH AND ORS., Diary No. 27093-2025 (and connected case)