No Stay on FIR, Supreme Court Pulls Up MP Minister Over Remarks on Col Sofiya
Though the apex court agreed to hear Shah's plea on Friday, it refused to grant any immediate stay on the FIR.
advertisement
The Supreme Court on Thursday, 15 May expressed strong disapproval of the remarks made by Madhya Pradesh Tribal Affairs Minister Kunwar Vijay Shah purportedly against Colonel Sofiya Qureshi, the Indian Army officer who briefed the media on Operation Sindoor — India’s military response to the 22 April Pahalgam terror attack, in which 26 civilians were killed.
However, the BJP is yet to take action against him and he remains a minister in the Madhya Pradesh government.
A day before, the Madhya Pradesh High Court suo motu directed that a First Information Report (FIR) be registered against him for his remarks, which the court described as "disparaging", "dangerous", and "language of the gutters." Shah challenged this order in the top court.
While refusing to pass any interim orders in the matter, a bench of Chief Justice of India B R Gavai and Justice Augustine George Masih reportedly said:
During an event in Raikunda village in Indore district on 13 May, the BJP leader made the purportedly disparaging remarks, "Those who widowed our daughters, we sent a sister of their own to teach them a lesson."
Though Shah has not named anyone in the statement, he was purportedly alluding to Colonel Sofia.
'No Immediate Stay on FIR': Supreme Court
While challenging the High Court decision, Shah's counsel Senior Advocate Vibha Datta Makhija urged the Bench to stay the FIR, saying Shah had apologised for the remarks.
Later on 13 May, Shah sought to clarify his remarks by telling the media, “Do not see my speech in a different context. I want to tell people that my speech is not in that context. They are our sisters, and they have taken revenge with great strength along with the armed forces.”
Though the apex court agreed to hear Shah's plea on Friday, it refused to grant any immediate stay on the FIR.
The Director General of Police (DGP) registered the FIR on Wednesday, 14 May at Manpur Police Station in Indore district, hours after the High Court order.
The Tribal Affairs minister in the BJP-led MP government was booked under the following sections of Bharatiya Nyaya Sanhita (BNS):
Section 152 - an act endangering the sovereignty, unity and integrity of India
Section 196 (1) (B) - an act having an adverse effect on the mutual harmony between different communities, which causes or is likely to cause a breach of public peace, and
Section 197 (1) (C) - speaking about a member of a community, which has an adverse effect on the mutual harmony between different communities
'Drafted to Be Quashed': MP High Court on FIR Against Shah
A day after the FIR was filed, MP High Court said that it will monitor the police's investigation against Shah, after expressing dissatisfaction with the contents of the FIR filed by the Madhya Pradesh police.
"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," a division bench of Justice Atul Sreedharan and Justice Anuradha Shukla said, while dictating the order, LiveLaw reported.
The bench added that the FIR has been registered in a manner so that if it is challenged, it may be quashed as it is deficient in particulars.
While observing that the FIR does not inspire confidence, the court said that it "feels compelled to ensure that it monitors the investigation" so that it is carried out fairly and in accordance with the law without being influenced by extraneous pressures.
Shah's statement had received sharp criticism from the Congress, with party president Mallikarjun Kharge calling Shah’s words “insulting, shameful and vulgar,” and demanding his dismissal.
Madhya Pradesh Chief Minister on Wednesday night confirmed that he has given instructions to take action against Shah in line with the high court's order, through a post on X (formerly Twitter).