Institute of Legal and Management Studies

The Supreme Court today continued its interim directions staying arrest of BJP Minister Kunwar Vijay Shah in the case lodged by Madhya Pradesh police over his "sister of terrorists" remark against Colonel Sofiya Qureshi.

Insofar as it has itself taken cognizance of the case, the Court further asked the MP High Court to close the proceedings pending before it.

During the brief hearing, Solicitor General Tushar Mehta informed that pursuant to the last order, a Special Investigation Team comprising 3 officers has been constituted to probe Shah's case and the investigation is under way.

The Court took note of a status report filed by Deputy Inspector General of Police, Bhopal, which stated inter-alia that the SIT visited the site and conducted investigation on 21 May. Thereafter, some more material was collected, mobile phones etc. seized and statements of witnesses recorded. Investigation still being in initial stage, some more time was sought.

Accordingly, the matter was re-listed, with a direction that the investigation shall continue and another status report shall be placed on record before the next date.

A bench of Justices Surya Kant and Dipankar Datta was dealing with two petitions filed by Shah: one, challenging Madhya Pradesh High Court's suo motu order for registration of an FIR against him over his reference to Colonel Sofiya Qureshi as a "sister of terrorists"; second, against the High Court order of May 15, where the bench concerned expressed dissatisfaction with the FIR registered against Shah and said that it would monitor the investigation to ensure it takes place fairly.

Earlier, the Court constituted a Special Investigation Team comprising 3 senior IPS officers, who did not belong to the State of Madhya Pradesh, to investigate the FIR against Shah. The Court also stayed Shah's arrest, subject to the condition that he should join and cooperate with the investigation fully. Though the bench said that it did not wish to monitor the investigation, it asked the SIT to submit a status report on the outcome.

In the said hearing, the Court chastised Vijay Shah for his remarks on Colonel Sofiya Qureshi, which were termed as "filthy, crass and shameful" and rejected the public apology offered by him as insincere. Noting that in his "apology video", Shah did not concede to having hurt public sentiments, Justice Kant suggested that he introspect on how to redeem himself.

Background

Colonel Sofiya Qureshi had become the face of the 'Operation Sindoor' after she gave press briefings about the military operations carried out by the Indian Air Force against Pakistani terrorist sites.

However, Vijay Shah courted controversy by saying at an event, "Jinhone humari betiyon ke sindoor ujade the… humne unhiki behen bhej kar ke unki aisi ki taisi karwayi" [Translation: Those people (terrorists) who had wiped out the sindoor (vermilion) of our sisters (in the Pahalgam terror attack)...we avenged these people by sending their sister to destroy them].

On May 14, the Madhya Pradesh High Court passed suo motu directions for registration of an FIR against Shah. As a result, the MP police booked him under Sections 152, 196(1)(b), and 197(1)(c) of BNS. Challenging the High Court order, Shah approached the Supreme Court.

At 09:34 PM on May 14 (when the FIR was registered), he posted a video on his official 'X' account, issuing a public apology for his remarks. In the said video, he called Colonel Qureshi 'Nation's sister'.

On May 15, the High Court expressed dissatisfaction with the FIR registered against Shah and said that it would monitor the investigation to ensure it takes place fairly. Against this order, Shah filed another petition before the Supreme Court.

On May 19, the Supreme Court stayed Shah's arrest and constituted an SIT to probe the FIR against him.

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