SC refuses petition for removing Vijay Shah from ministerial post over comments on Col. Sofiya Qureshi

The Supreme Court yesterday refused a petition seeking removal of Minister Kunwar Vijay Shah from ministerial post for his remarks against Col. Sofia Qureshi.

"Don't file this kind of petitions...you know where your remedy lies..", the Supreme Court told petitioner before it. Court has further directed the SIT constituted to look into the allegations against Minister Shah to also consider the incidents mentioned in the instant petition.

As per the petitioner Dr. Jaya Thakur, at a function that was held at village Raikunda in Dr. Ambedkar Nagar, Shah has referred to Col. Qureshi as the sister of the terrorists who carried out the killings of 26 innocent Indians at Pahalgam. It has thus been submitted that he has violated the oath taken by him under Article 164(3) of the Constitution of India.

Stating that there are newspaper reports and a plethora of digital material available on the internet in which the speech of the minister is clear and unequivocal, where he has referred to the Prime Minister of India Narendra Modi, for having sent the sister of the terrorists to sort them out, the petition submits, "The statement of the minister that Col. Sofia Quraishi is the sister of the terrorist who carried out the attack at Pahalgam encourages feelings of separatist activities by imputing separatist feeling to anyone who is Muslim, which thereby endangers the sovereignty or unity and integrity of India.".

The petition filed through Advocate Varun Thakur also states that Shah has previously been involved In multiple instances of misconduct, which reflect a repeated pattern of making indecent, derogatory, and disrespectful remarks, particularly against women.

Notably, BJP leader Kunwar Vijay Shah has also approached the Supreme Court 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.”

Yesterday, court also pulled up Shah for issuing an online apology for his comments made on Col. Sofia Qureshi. "Where is the apology?", a bench of Justices Surya Kant and Joymalya Bagchi asked after the minister's counsel for not issuing a public apology for his alleged defamatory remarks. The bench went on to observe that the minister was testing its patience as his conduct was making the court doubt his intentions and bonafides.

A bench of Justice Surya Kant and Justice Dipankar Datta was earlier informed by Solicitor General Tushar Mehta that a Special Investigation Team (SIT) had already been constituted and that the investigation is currently underway.

The SIT formed to investigate the controversial remarks made by Shah yesterday informed the Court that 27 persons had given their statements. "The SIT member present before us submits that the material gathered will now be analysed and the investigation will be taken to logical conclusion within the prescribed period of 90 days. The matter to now be taken up on August 18. Status report to be filed", Court accordingly ordered.

Earlier, 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.

Supreme Court had also directed the Madhya Pradesh High Court to close any parallel proceedings in the matter, noting that the Apex Court had already taken cognizance. Jabalpur Bench of the Madhya Pradesh High Court had taken suo motu cognisance of Shah’s comments in May; 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.

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: Dr. Jaya Thakur vs. State of MP and Ors

Hearing Date: July 28, 2025

Bench: Justices Kant and Bagchi