Col Sofiya Qureshi Remark: MP High Court Expresses Dissatisfaction With State's FIR Against BJP Minister Vijay Shah, Will Monitor Probe

The Madhya Pradesh High Court on Thursday (May 15) ordered that it shall monitor Police's investigation against BJP Minister Kunwar Vijay Shah in an FIR lodged for his comments on Colonel Sofiya Qureshi where he called her "sister of terrorists", to ensure it happens fairly.This comes after the Court was dissatisfied with the contents of the FIR lodged by the State Police. The court further said that it is compelled to monitor the probe to ensure that the police investigates the case fairly without getting influenced by any extraneous pressures. On Wednesday the high court had directed the state's Director General of Police to lodge an FIR against the state BJP Minister after taking a serious objection to the minister's remarks describing it as "disparaging", "dangerous", and "language of the gutters"–not merely targeting the officer in question, but denigrating the armed forces as a whole. It further observed that, prima facie, offences under the Bharatiya Nyaya Sanhita 2023, are made out against the Minister.A division bench of Justice Atul Sreedharan and Justice Anuradha Shukla while dictating its order said:"Pursuant to the order dated 14-5-2025 passed by this court...directing state to register FIR against minister Vijay Shah, sitting minister...the state has complied and has registered the FIR. The offence is under 152, 196(1)(b),197(1)(c) of BNS. This court has examined para 12 of FIR which must necessarily law down ingredients of the offence by connecting it to act of offender.The FIR is brief. However the briefness of FIR is not the problem. Having gone through the FIR in its entirety there is not a single mention of the actions of the suspect which would satisfy the ingredients of offences registered which have been registered against him"."The operative portion of para 12 is nothing but reproduction of courts order and does not have a whisper of the earlier part of order which lays down the action of suspect and how they constitute an offence under each of the sections mentioned hereinabove...FIR can be quashed where ingredients/contents of para 12 which provides for description of the actions of accused/suspect...has not been reproduced in the particular para. This FIR has been registered in such a manner...so that if it is challenged under erstwhile section 482 CrPC the same maybe quashed as it is deficient in material particulars...However in order to ensure said subterfuge does not take place this court directs that entire order of 14-5-2025 shall be read as part of para 12 of FIR. In view of the nature of the case and the manner in which the FIR has been registered which does not inspire confidence in this court...Under circumstances the court feels compelled to ensure that it monitors the investigation without interfering with independence of the investigating agency but only to the extent of monitoring that it acts fairly in accordance with law without being influenced by any extraneous pressures or directions. List immediately after vacation". Notably hours after the high court's direction, the state police registered an FIR against Shah under BNS Sections 152, 196(1)(b), and 197(1)(c).Section 152 of the BNS, which provides for punishment up to life imprisonment, criminalises any act that excites secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers the sovereignty or unity and integrity of India.On the other hand, Section 196 (1) (b) deals with acts that are prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturb or is likely to disturb the public tranquillity. Section 197 (1) (c) BNS, on the other hand, deals with acts against national integration.During the hearing on May 15, the Advocate General told the Court that the previous order has been complied with and handed over a copy of the FIR.Referring to the FIR, the Court said, "I'm sure you've read it. It has been drafted in such a way that it can be quashed. Where are the ingredients? Who drafted this? The content must be in the FIR. If the Court order is annexed, can it be read as a part of FIR?"Advocate General Prashant Singh appearing for the state said, "We will comply with whatever direction the Court gives. It's my humble prayer that the Hon'ble Court may not draw that we are providing any shield. Our intention may not be doubted."BackgroundWhen the Court ordered that the FIR be lodged by Wednesday evening, the Advocate General Prashant Singh appearing for the State sought some time for compliance with the Court's order, to this, the bench orally said:"Register, register right now...I may not be alive tomorrow...I am giving you four hours...Let this order be stayed by the SC, or be complied by tomorrow."In its order published shortly after the hearing the high court said:"The armed forces, perhaps the last institution existing in this country, reflecting integrity,...

Col Sofiya Qureshi Remark: MP High Court Expresses Dissatisfaction With State's FIR Against BJP Minister Vijay Shah, Will Monitor Probe

Malavika Prasad

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