Supreme Court seeks explanation over delay in sanction to prosecute Kunwar Vijay Shah for Col. Sofiya Qureshi remark

The Supreme Court was informed on Monday that the Special Investigation Team (SIT) probing Madhya Pradesh minister Kunwar Vijay Shah’s remarks against Colonel Sofiya Qureshi has completed its investigation. However, sanction to prosecute Shah remains pending before the competent authority, with the State government’s recommendation awaiting a decision from the Governor.

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana noted that a chargesheet could be filed only after sanction was granted and posted the matter for a later date.

The court noted that while the investigation is finished and the report is held in a sealed cover, the required sanction is still under review by the competent authority. It clarified that a chargesheet can only be submitted to the court once sanction is approved.

Senior Advocate Maninder Singh, appearing for Shah, submitted that the minister had apologised publicly the following day and urged the Court to consider the apology.

CJI Kant observed that the investigation report would ultimately have to be placed before the competent authority for its decision on sanction. Deferring the matter to executive discretion, Justice Bagchi observed that the Governor should make the final decision.

When the CJI asked Additional Solicitor General KM Nataraj about the State’s course of action if sanction was refused, Nataraj said a closure report would have to be filed. He added that the sanction issue remained under consideration.

The origin of the proceedings lies in public remarks made by Shah at Ambedkar Nagar, Mhow. He reportedly stated that “a sister of their own” had been dispatched to instruct those responsible for widowing local women.

The statement was viewed as a veiled reference to Colonel Qureshi, one of the Army officers who briefed the media during Operation Sindoor, India’s cross-border response to the April 2025 Pahalgam terror attack.

The Madhya Pradesh High Court took suo motu cognisance of the remarks on May 14, 2025 and directed registration of a criminal case. Shah then approached the Supreme Court.

On May 19, 2025, the Court granted him interim protection from arrest while criticising his remarks and constituting an SIT to investigate the allegations. At a later hearing on July 28, 2025, the Bench questioned Shah’s bona fides after his counsel referred to an “online” apology instead of a public apology, as previously directed.

The SIT subsequently recorded statements from 27 persons and completed its investigation. On May 8, 2026, the Supreme Court had also criticised the State government over the delay in deciding the sanction issue.

With the SIT report complete, the next step in the case depends on whether the Governor grants or refuses sanction to prosecute Shah.

The post Supreme Court seeks explanation over delay in sanction to prosecute Kunwar Vijay Shah for Col. Sofiya Qureshi remark appeared first on India Legal.

Leave a Reply