Click the Play button to listen to article

The Madhya Pradesh government on Monday informed the Supreme Court that a decision on sanction for prosecution against State Minister Vijay Shah in connection with his controversial remarks against Colonel Sofiya Qureshi is expected shortly.

The matter was heard by a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana. Shah has approached the Supreme Court challenging the Madhya Pradesh High Court's suo motu order directing the registration of an FIR against him over his remarks referring to Colonel Qureshi as the “sister of terrorists.”

Appearing for the State, Additional Solicitor General KM Nataraj submitted that the SIT had concluded its investigation and that the sanction proposal had been forwarded to the Governor.

“By tomorrow, we are expecting…” Nataraj said, indicating that a decision on the sanction was likely imminently.

The Bench sought clarity on what would follow once the competent authority takes a decision on sanction.

Chief Justice Surya Kant asked the SIT officer who was present in the Court, “Investigation is completed. Suppose sanction is granted, chargesheet will be filed. If sanction is not granted, what will you do?”

The SIT officer responded that, if sanction is denied, the investigating agency would file a closure report.

The Bench recorded that the question of sanction was still pending before the competent authority and adjourned the matter for consideration after the decision.

Senior Advocate Maninder Singh, appearing for Vijay Shah, told the Court that the Minister had apologised soon after making the remarks and urged that this be taken into consideration. “I had apologised the very next day. That may be kept in consideration,” Singh submitted. He requested that Shah be allowed to place his representation containing his apology before the sanction authority.

The Chief Justice responded, “We will say nothing.”

Last year, while staying his arrest, the Court had constituted a Special Investigation Team to investigate the matter. After the SIT submitted a final report, the Court asked the State to decide on granting sanction (which is necessary for the prosecution of the offence under Section 196 BNS).

On the last date, Solicitor General Tushar Mehta proposed if a lenient view can be taken towards Vijay Shah, saying that probably the Minister intended to praise Colonel Qureshi, but ended up saying something else as he could not articulate the message properly. He added that he was not defending the statements of the Minister, which were described as "unfortunate". The SG also clarified that it was his personal view, and not the stand of the State of Madhya Pradesh, which was directed in January to decide on granting sanction within two months. 

Case Title: KUNWAR VIJAY SHAH v. THE HIGH COURT OF MADHYA PRADESH AND ORS., SLP(Crl) No. 8449/2025

Tags: