The Supreme Court on Monday ordered formation of a special investigation team (SIT) to probe the charges against Madhya Pradesh Tribal Affairs Minister Vijay Shah, facing legal heat over his controversial remarks on Army officer Colonel Sofiya Qureshi.
However, in slight relief to the state minister, a bench of Justices Surya Kant and N.K. Singh stayed his arrest and asked him to join the probe.The Justice Surya Kant-led Bench remained unimpressed with Shah’s apology and outrightly rejected it.
"He must face consequences. Let law take its own course."The Madhya Pradesh Minister has petitioned the Supreme Court against an order of the Madhya Pradesh High Court directing registration of an FIR against him over his distasteful remarks.
Due to paucity of time on Friday, the Justice Kant-led Bench couldn’t take up Shah’s special leave petition (SLP) for hearing and on the petitioner’s request, directed listing the matter for hearing on Monday.
A day before, when Shah's lawyer sought urgent listing of his SLP filed before the apex court, a bench headed by Chief Justice of India (CJI) B.R. Gavai slammed the minister for his distasteful remarks.
"What sort of statement are you (Shah) making? Such a person holding a constitutional office is expected to exercise a degree of restraint. Every sentence uttered by a minister has to be with responsibility," it said.
To this, senior advocate Vibha Dutta Makhija, representing Shah, said that the media overhyped the minister's comments, and he has already issued an apology.Makhija prayed for an interim order directing that no coercive action be taken against Shah under the FIR registered under Sections 152, 196(1)(b), and 197 of Bharatiya Nyaya Sanhita (BNS).
Without passing any interim order, the CJI Gavai-led Bench had agreed to hear the matter on May 16, and advised the senior counsel to apprise the Madhya Pradesh HC about the listing of the SLP.
On May 14, the Madhya Pradesh High Court had ordered the Director General of Police to register a criminal case against Shah within four hours and warned the DGP of contempt action in case of any delay in compliance.
A bench of Justices Atul Sreedharan and Anuradha Shukla of the MP High Court said that prima facie, an offence of promoting enmity between different castes, religion and language was made out.
The Justice Sreedharan-led Bench opined that referring to Colonel Sofiya Qureshi as a "sister of terrorists" is an offence of hurting the sentiments and faith of the Muslim community.Talking about Operation Sindoor, Shah had reportedly said that Prime Minister Narendra Modi had sent a "sister from the same community" as those in Pakistan to avenge the April 22 terror strike in Kashmir's Pahalgam.
"PM Modi is striving for the society. Those who widowed our daughters (in Pahalgam), we sent a sister of their own to teach them a lesson," Shah had said.The distasteful remarks against Colonel Qureshi, the Indian Army officer who briefed the media throughout Operation Sindoor against Pakistan, sparked nationwide outrage.
Following the incident, the Minister apologised from the "bottom of his heart" and said he respects the armed forces and mentioned Colonel Qureshi as "sister". "I, Vijay Shah, am not only ashamed and saddened by my recent statement, which has hurt the sentiments of every community, but I also apologise from the bottom of my heart.
Our country's sister Sofiya Qureshi ji has worked rising above caste and society while fulfilling her national duty," he said in a video message posted on the social media platform X. In his petition filed before the Supreme Court, Shah sought quashing of the FIR as well as the suo motu proceedings initiated by the MP High Court.