Supreme Court Seeks Status Report On SIT Probe Into Vijay Shah’s Remarks On Col. Sofiya Qureshi; Closes Proceedings Before HC
Significantly, the Court directed the Madhya Pradesh High Court to close any parallel proceedings in the matter, noting that the Apex Court had already taken cognizance;
The Supreme Court on Wednesday heard a plea filed by BJP leader Kunwar Vijay Shah challenging the Madhya Pradesh High Court’s suo motu order directing registration of an FIR against him for his controversial remarks referring to Colonel Sofiya Qureshi as a “sister of terrorists.”
The Bench of Justice Surya Kant and Justice Dipankar Datta was informed by Solicitor General (SG) Tushar Mehta that a Special Investigation Team (SIT) had already been constituted and that the investigation is currently underway.
Justice Kant, referring to a status report filed by the Deputy Inspector General of Police, noted that a three-member SIT had been formed and that the investigation is in progress.
"The SIT had visited the location on May 21, seized relevant materials including mobile phones, and recorded the statements of several witnesses," however, the Court observed that the investigation remains in its preliminary stages.
“In light of the submissions, further time is sought for completing the investigation. The SIT shall continue its probe and file a fresh status report on the next date of hearing,” Justice Kant said.
The Bench also directed that interim orders passed earlier would continue to remain in force.
Significantly, the Court directed the Madhya Pradesh High Court to close any parallel proceedings in the matter, noting that the Apex Court had already taken cognizance.
The matter is expected to come up for further hearing after submission of the updated status report.
Previously
It is to be noted that on May 19, the Supreme Court had issued notice to the State of Madhya Pradesh and ordered the constitution of a Special Investigation Team (SIT) to probe the FIR. The Court had also stayed Shah’s arrest, directing him to cooperate fully with the SIT.
Notably, on May 15, the Supreme Court had agreed to hear the plea by BJP leader and Madhya Pradesh Tribal Affairs Minister.
Senior Advocate Vibha Makhija, appearing for Shah had mentioned the matter before a Bench led by Chief Justice of India BR Gavai. “What kind of petition is this?” the CJI had asked, at the outset.
Makhija had submitted that Shah’s statement was misunderstood and that he had already expressed remorse, which was on record. “The High Court has exceeded its jurisdiction,” she had added, seeking protection from coercive action until she could be heard.
"A person holding public office is expected to uphold a certain standard. Every sentence spoken by a minister must reflect a sense of responsibility," the CJI had remarked.
The CJI noted that the FIR had already been registered and advised her to approach the High Court for interim relief.
Background
On May 14, the Jabalpur Bench of the Madhya Pradesh High Court took suo motu cognisance of Shah’s comments; made during a public event in Mhow, where he referred to Col. Qureshi in communal and sexist terms, implying she was sent as “revenge” against terrorists.
The High Court described the remarks as "dangerous," "disparaging," and using "language of the gutters," observing they amounted to prima facie offences under stringent criminal provisions. It further said such statements stigmatize the Muslim community and threaten constitutional values of unity and fraternity.
Case Title: Kunwar Vijay Shah v. The High Court of Madhya Pradesh