Supreme Court Criticises Madhya Pradesh over Inaction on Minister

The Supreme Court of India expressed its frustration on Friday regarding the delay by the Madhya Pradesh state government in deciding whether to grant permission to prosecute Minister Kunwar Vijay Shah. The remarks in question were made by Shah about Colonel Sofiya Qureshi, who played a significant role in last year’s Operation Sindoor. Chief Justice of India Surya Kant and Justice Joymalya Bagchi were part of the bench addressing the issue.

The court noted that a decision from the government concerning a request made by the Special Investigation Team (SIT) for prosecution sanction should have been delivered two weeks ago. The SIT was established following a court order and is tasked with investigating the case. Chief Justice Kant stated, "Just comply with our order now. Enough is enough."

He indicated that an apology from Shah should have been the first step, highlighting that the court took cognisance of the matter after public outrage. Solicitor General Tushar Mehta, representing the government, mentioned that the decision regarding the sanction for prosecution remains pending. He suggested that Shah's comments may have been misinterpreted, implying that the intention had been to commend Colonel Qureshi.

However, Chief Justice Kant firmly countered this view, referring to the comments as "most unfortunate." "As a politician, he knows how to articulately praise the lady officer," the Chief Justice remarked. Justice Bagchi brought attention to the SIT’s report, which noted Shah's history of making such controversial statements. Both justices urged the state government to consider the overall situation and make a decision.

Colonel Sofiya Qureshi is known for her role in the Indian Army, particularly for addressing the media during Operation Sindoor, which was a military response to an attack in Pahalgam that resulted in the deaths of 26 civilians in April 2022. Shah's comments, made at a public event, implied a disparaging connection to Colonel Qureshi and her religious background, which sparked widespread condemnation and calls for his removal from office.

Following these remarks, the Madhya Pradesh High Court initiated suo motu proceedings, expressing serious concern over Shah's comments. The court ordered local police to file a first information report (FIR) against him, labelling his remarks as perilous not only to Colonel Qureshi but also to the integrity of the armed forces. Justice Atul Sreedharan from the High Court issued a fierce warning concerning the enforcement of the order, stating, "To enforce the order of this Court, I will bring hell down, if need be."

An FIR was ultimately filed against Shah on May 14, charging him under specific sections of the Bharatiya Nyaya Sanhita, which address issues threatening national integrity and fostering enmity between groups. Shah subsequently appealed to the Supreme Court, contesting the actions of the High Court. The Supreme Court did not accept Shah's apology during hearings held in May 2025 and rejected any request to suspend the FIR against him, instead establishing the SIT to further investigate the matter while granting him protection from arrest. The court has now scheduled the follow-up hearing to occur in four weeks’ time as the spotlight remains on the Madhya Pradesh government to act appropriately following this judiciary challenge.