Supreme Court Continues Stay on Minister Shah's Arrest Over Remarks Against Col. Sofiya Qureshi


Apex Court Extends Interim Protection for BJP Minister

On May 21, 2025, the Supreme Court of India extended its interim stay on the arrest of BJP Minister Kunwar Vijay Shah, who had made controversial remarks against Colonel Sofiya Qureshi in the context of Operation Sindoor, an Indian Army operation involving Pakistan.

A two-judge bench comprising Justice Surya Kant and Justice N. Kotishwar Singh passed the order while also instructing the Madhya Pradesh High Court to close its suo moto proceedings, noting that the Supreme Court is already seized of the matter.

“Let there be no parallel proceedings. Let the High Court close the case in view of the ongoing matter here,” the Court observed.


SIT Investigation Underway

The court perused a status report filed by the Deputy Inspector General (DIG) of Police, which confirmed the constitution of a Special Investigation Team (SIT) comprising three senior IPS officers, including one woman officer from outside the Madhya Pradesh cadre. The SIT began its investigation on May 21, following the Supreme Court’s directive.

As per the report, the investigation is in its early stages. The SIT has:

  • Collected additional material

  • Seized the minister’s mobile phone

  • Recorded statements of multiple witnesses

  • Analyzed the prepared script of the controversial speech

The Court noted that the probe is progressing and scheduled the matter for further hearing in July 2025.

High Court's Suo Moto Action and FIR Registration

The controversy began after a video clip of Shah’s speech went viral, in which he allegedly made derogatory comments about Colonel Qureshi. While Shah later clarified that his remarks were "taken out of context" and meant to "praise her bravery", public outrage prompted legal scrutiny.

On May 14, the Madhya Pradesh High Court took suo moto cognisance of the matter and directed the registration of an FIR under the following sections of the Bharatiya Nyaya Sanhita (BNS):

  • Section 152

  • Section 196(1)(b)

  • Section 197(1)(c)

The High Court warned that failure to register an FIR by the evening of May 14 would invite contempt proceedings against the Director General of Police. An FIR was subsequently filed.

On May 15, the High Court criticized the FIR as a “gross subterfuge”, implying that the police had attempted to weaken the case against the minister. While it declined to interfere with the investigation, the Court announced it would monitor the proceedings, scheduling the next hearing on June 16.

Supreme Court Condemns Remarks, Calls Apology Insincere

In an earlier hearing, the Supreme Court had denounced Shah’s remarks as “filthy, crass, and shameful.” Justice Surya Kant observed that “the nation is ashamed of you. Redemption is yours to seek.” The bench also rejected the minister’s public apology, terming it lacking in sincerity.

Despite the severity of its observations, the Supreme Court stayed Shah’s arrest but mandated full cooperation with the ongoing investigation.

Conclusion

This matter raises critical questions about free speech, political accountability, and institutional integrity. The Supreme Court’s involvement ensures judicial oversight, while the ongoing SIT probe will be pivotal in determining whether the remarks constituted a criminal offense under the newly enacted Bharatiya Nyaya Sanhita.

With the next hearing scheduled in July, all eyes will remain on the progress and outcome of the investigation.


Location: Pune, Maharashtra, India

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