Apex Court Directs State Govt To Decide On Sanction For Prosecution Of BJP Leader Kunwar Vijay Shah For Remark Against Col. Sofia Qureshi

The Supreme Court, today, directed the State of Madhya Pradesh to decide within two weeks whether to grant sanction for the prosecution of BJP leader Kunwar Vijay Shah for the remarks against Colonel Sofia Qureshi.

The Court was hearing the petitions filed by BJP leader Vijay Shah, 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".

The Bench of Chief Justice Surya Kant, Justice Dipankar Datta and Justice Joymalya Bagchi ordered, "In view of the matter, we direct the state of MP to take the matter for consideration and the issue of grant of sanction as required under the law and in terms of para 10.2 of the Report. An appropriate decision is to be taken in 2 weeks...Meanwhile, we would also like the SIT should make an endeavour to trace out the take details of the instances attributed to the Petitioner, brief reference of which has been made in para 10.2 of the SIT Report. A separate status report in relation to these instances also be submitted before this court. Post this matter on so and so date. The State of MP is to file a compliance affidavit as under the directions hereinabove."

The Court ordered, "This court by vide order dated 19.05.2025 directed the state of MP to constitute a Special Investigation Team comprising of the officers...The Director General of Police constituted the SIT, full description whereof is mentioned in para 4 of a report submitted to this Court in sealed cover and which has been opened in open court. The Report says that the SIT has investigated the various aspects of the incident, though in para 10.2, it is also clarified that more instances have been referred to by the Writ Petitioner, has been excluded during the ongoing investigation. After the investigation, the SIT has submitted a report to the State Government on...seeking previous sanction of the State Government...We are informed that no decision has been taken by the State Government on the investigation report submitted by the SIT, presumably for the reasons that the matter pending before this Court."

Senior Advocate Maninder Singh appeared for Kunwar Vijay Shah.

"So are we right in understanding that the SIT has now sought the sanction of the State Government and the State Government has not granted the sanction so far?", Chief Justice asked the counsel for the State of Madhya Pradesh.

To the author of the Report, i.e. DIG Kalyan Chakarvarti, the Court said, "We hope that, as you are the author of the report, so you must have a fair idea about the contents?"

To which DIG Chakarvarti replied in the affirmative. 

The Court further highlighted that the investigation was completed by August 30, 2025, and then, the SIT referred it to the State Government on the same day. "Today it is 19.01.2026, you are sitting over that SIT Report",  the Court remarked. 

"The Statute casts an obligation upon you. Today, we do not want to interfere with that obligation. We may consider it later on, but today the obligation is on you", the Court said.

Accordingly, the matter is now listed for a further date.

Background

On May 14, 2024, the Madhya Pradesh High Court took suo motu cognizance of the remarks and directed the state police to register an FIR against Shah. Consequently, he was booked under Sections 152, 196(1)(b), and 197(1)(c) of the Bharatiya Nyaya Sanhita (BNS).

Later that evening, Shah posted a video on social media apologizing for his comments and calling Colonel Qureshi the "Nation’s sister." However, on May 15, the High Court expressed dissatisfaction with the FIR and announced it would monitor the investigation to ensure fairness.

On May 15, 2025, when the matter was mentioned before the Bench of the Chief Justice of India B.R. Gavai and Justice Augustine George Masih, the Bench had remarked, "When this country is undergoing such a situation, every sentence or word uttered by a minister has to be with a sense of responsibility.”

On May 19, the Bench had expressed serious reservations about the apology tendered by Shah.

During an event, the minister described Col. Quraishi as the “sister of the terrorists” allegedly responsible for the Pahalgam incident that claimed the lives of 26 Indian civilians. He further remarked that Prime Minister Modi had “dispatched the terrorists’ sister to deal with them.

The High Court had noted that the Minister used “scurrilous and unwarranted language” against the officer, prompting the suo motu exercise of its contempt jurisdiction.

In its order, the Madhya Pradesh High Court had observed that the statements made by Shah were not only inappropriate but had the potential to undermine the morale and dignity of the armed forces, particularly a serving officer who was carrying out her official duties.

“The armed forces… reflecting integrity, industry, discipline, sacrifice, selflessness, character, honour and indomitable courage… has been targeted by Mr. Vijay Shah who has used the language of the gutters against Col. Sofia Quraishi", the High Court added.

The High Court recorded that the comments targeted Col. Qureshi personally and professionally, and that the statements appeared to be made with the intent to politicize a military operation and discredit the Indian Army’s communications. Observing that such statements could amount to criminal contempt under Section 2(c) of the Contempt of Courts Act, the Court issued notice and initiated suo motu proceedings. 

The Court had also refused to entertain an Intervention Application filed by Congress leader, Dr. Jaya Thakur, who sought to support the Madhya Pradesh High Court’s suo motu direction for registration of an FIR against BJP Minister Kunwar Vijay Shah over allegedly communal and derogatory remarks made against Col. Sofiya Qureshi.

Cause Title: Kunwar Vijay Shah v. High Court of Madhya Pradesh & Ors [Diary No. 27093 of2025]