The Madhya Pradesh High Court has raised serious concerns over the FIR filed against BJP minister Kunwar Vijay Shah for his controversial remarks about Colonel Sofiya Qureshi, an Indian Army officer involved in Operation Sindoor, a cross-border military response to the recent Pahalgam terror attack.
A bench comprising Justices Atul Sreedharan and Anuradha Shukla had taken suo motu cognisance of Shah’s alleged derogatory comments and directed the State to register an FIR against the minister by May 14. While the Advocate General informed the Court that an FIR had been filed, the Court criticized its vague and superficial drafting.
Justice Sreedharan remarked that the FIR lacked substance and failed to outline the essential ingredients of the offences alleged, rendering it susceptible to quashing. “It has been drafted in such a way that if challenged, it may not survive judicial scrutiny,” the Court observed, asserting that it would now monitor the investigation to ensure fairness and accountability.
In its order, the Court said, “The FIR is merely a reiteration of the Court’s previous directive and does not elaborate on how the minister’s actions constitute the offences registered. It lacks details that tie Shah’s statements to criminal provisions. Given these deficiencies, this Court deems it necessary to supervise the investigation without interfering with police autonomy.”
Additionally, the Court directed that its May 14 order be treated as an integral part of the FIR for all legal and investigative purposes.
Meanwhile, Kunwar Vijay Shah has moved the Supreme Court seeking relief from the High Court’s directive. However, the apex court refused to stay the FIR and stated that the case would be heard on May 16. Chief Justice of India BR Gavai emphasized the gravity of the situation, stating, “A person in a constitutional office must act responsibly, especially during national crises.”
The High Court’s concerns stem from Shah’s alleged comment, widely interpreted as a reference to Colonel Qureshi, calling her the “sister of terrorists.” The statement drew backlash for targeting a serving Muslim Army officer, particularly one who had publicly briefed the media during Operation Sindoor, conducted in retaliation for the April 22 Pahalgam attack that claimed 26 civilian lives.
The Court stated that Shah’s remarks prima facie attracted multiple provisions under the Bharatiya Nyaya Sanhita, 2023. These include Section 152 (acts endangering India’s sovereignty), Section 196(1)(b) (promoting enmity between groups), and Section 197 (statements prejudicial to national integration). The judges opined that the minister’s words could fuel communal disharmony and undermine faith in the secular fabric of the armed forces.
The matter is scheduled to be heard post the court’s summer recess. Meanwhile, the High Court’s directive stands, with judicial oversight continuing to ensure impartiality in the investigation.
