The Supreme Court has ordered the formation of a Special Investigation Team (SIT) to investigate the remarks made by BJP Minister Kunwar Vijay Shah against Colonel Sofiya Qureshi. The SIT will consist of three senior IPS officers who are not from Madhya Pradesh, with one of them being a woman. The Madhya Pradesh Director General of Police (DGP) has been instructed to constitute this SIT by 10 AM tomorrow. It will be led by an Inspector General of Police (IGP), and the other two members must hold the rank of Superintendent of Police (SP) or higher.
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The Supreme Court has also stayed the arrest of Vijay Shah in the FIR registered against him. However, this stay is conditional on his full cooperation with the investigation. Although the Court made it clear that it will not monitor the investigation directly, it has asked the SIT to submit a status report on the progress. The case will be further considered on May 28.
During the hearing, the Supreme Court expressed strong disapproval of Vijay Shah’s comments, labeling them as "filthy, crass, and shameful." It also dismissed Shah's public apology, calling it insincere.
Justice Surya Kant, addressing Shah, stated:
“Meanwhile, you think how you will redeem yourself... the entire nation is ashamed of... we are a country that firmly believes in the rule of law.”
The bench, comprising Justices Surya Kant and N Kotiswar Singh, was hearing two petitions filed by Shah. The first challenged the Madhya Pradesh High Court’s suo motu order to register an FIR against him for referring to Colonel Qureshi as a "sister of terrorists." The second challenged the High Court’s May 15 order expressing dissatisfaction with the FIR and stating that it would monitor the investigation.
The Supreme Court emphasized that the SIT must be independent, consisting of officers from outside Madhya Pradesh. The Court made it clear that while it will not directly monitor the investigation, it expects the SIT to act fairly and report back with updates.
On May 15, Chief Justice of India (CJI) BR Gavai had refused to intervene in the case, stressing the responsibility expected from a person holding public office.
The CJI remarked:
“A person holding such an office is expected to maintain such a decree... every sentence uttered by a minister has to be with responsibility.”
Despite Shah’s counsel arguing that his apology was misunderstood, the Supreme Court refused to pass any interim order in his favor.
Background of the Controversy
Colonel Sofiya Qureshi is known for her role in ‘Operation Sindoor,’ where she briefed the media about military actions against terrorist sites in Pakistan. During a public event, Vijay Shah made controversial remarks linking her to terrorists. His words sparked outrage, leading to the Madhya Pradesh High Court’s intervention, which described his comments as “disparaging, dangerous, and language of the gutters.”
The High Court observed that Shah’s comments not only targeted Colonel Qureshi but also disrespected the Armed Forces. It further noted that such remarks could promote religious bias, implying that a person’s loyalty could be questioned based on their faith.
Following the High Court’s order, an FIR was registered against Shah under various sections of the Bharatiya Nyaya Sanhita, 2023 (BNS), including:
- Section 152: Punishes acts that incite secession, rebellion, or subversive activities.
- Section 196(1)(b): Addresses actions harmful to communal harmony.
- Section 197(1)(c): Relates to acts against national integration.
On May 14, the day the FIR was filed, Shah posted a video on his official 'X' account, offering a public apology and referring to Colonel Qureshi as the “Nation’s sister.” However, the Supreme Court found his apology insufficient and insincere.
Case Title: KUNWAR VIJAY SHAH Versus THE HIGH COURT OF MADHYA PRADESH AND ORS., Diary No. 27093-2025 (and connected case)
