Supreme Court To Hear Tomorrow Madhya Pradesh Minister's Plea Against FIR Based On Suo Motu Order By High Court For Remarks On Col. Sofia Qureshi
|At 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, and further that Prime Minister Modi had “dispatched the terrorists’ sister to deal with them.”
Kunwar Vijay Shah, a BJP Minister in Madhya Pradesh, has approached the Supreme Court challenging a Madhya Pradesh High Court order that initiated suo motu contempt proceedings against him. The High Court had taken cognizance of Shah's remarks directed at Colonel Sofia Qureshi, the Indian Army officer who briefed the media regarding Operation Sindoor.
The matter was mentioned for urgent listing before the Bench of the Chief Justice of India B.R. Gavai, and Justice George Augustine Masih.
Appearing for Shah, his counsel submitted, “We have expressed our remorse. In fact, I have the recording … which he has publicly stated… It was a statement which was misunderstood as well.”
CJI Gavai 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.”
In response, Shah’s counsel said, “Unfortunately, the media has overhyped what was said. He has expressed his apology. He has retracted.”
CJI Gavai noted, “Now the FIR is already registered.”
Shah’s counsel then urged, “Your Lordships, I am praying for the FIR to be stayed at this point of time.”
He further submitted, “Firstly, Your Lordships, I was never heard. Secondly, suo motu cognizance without the procedure of 174 being followed… High Court has exceeded its jurisdiction in my humble submission.”
“Your Lordships, I am just praying that till I am heard, Your Lordships, no action be taken,” he added.
In response, CJI Gavai questioned the maintainability of the petition under Article 32, asking, “No, no, but then why not 226… Maybe because somebody is a minister, should we entertain here?”
The Court will be hearing the the matter tomorrow.
The petition was filed on behalf of Shah by Advocate on Record Shantanu Krishna.
During the 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.