Vijay Shah (L) and Col Sofia Qureshi.
Credit: PTI, X/@KrVijayShah
New Delhi: In a blow to Madhya Pradesh Minister Kunwar Vijay Shah, the Supreme Court on Monday asked the state government to decide on sanction for prosecution in the FIR against him within two weeks over his objectionable remarks against Colonel Sofiya Qureshi.
A bench of Chief Justice of India Surya Kant, Justices Dipankar Datta and Joymalya Bagchi said that the Special Investigation Team constituted by the apex court had completed its investigation and filed the final report, which was awaiting sanction of the Madhya Pradesh government.
The court pointed out that the sanction of the state government was necessary for taking cognizance of the offence under Section 196 (promotion of communal hatred, ill-will) of the Bharatiya Nyaya Sanhita.
The court also noted that the SIT had referred to certain other instances, where Shah has made alleged objectionable remarks against the top Indian Army officer.
Colonel Qureshi was one of the female military faces during the joint press briefings during the armed forces' Operation Sindoor' launched to avenge the Pahalgam terror attack last year.
Shah had allegedly said during a public meeting that the country had “avenged the Pahalgam terrorists by sending the sister of the terrorists to destroy them”.
The High Court had taken a suo motu cognisance of the matter and ordered FIR against Shah, who approached the Supreme Court to challenge the High Court order.
Senior advocate K Parameshwar for Shah emphasised that his client had issued a public apology at the court's behest, and this apology was also released on social media. The court objected to this, asking, "What is an online apology? Put it on record."
Earlier, the court had said that instead of Shah's statements, the statements of those whose feelings were hurt by his remarks should be considered.
Shah approached the apex court, challenging the High Court's order of May 14, 2025 to register the FIR against him for "scurrilous" remarks and using "language of the gutters" against Colonel Qureshi.