BHOPAL: Madhya Pradesh Governor Mangubhai Patel has reportedly approved the state Cabinet’s recommendation against granting sanction to prosecute senior minister Kunwar Vijay Shah over his controversial remarks in May 2025 concerning Army officer Colonel Sofiya Qureshi.
A Congress delegation reportedly met the Governor and sought reconsideration of the proposal against granting prosecution sanction, besides demanding appropriate action against the minister.
The decision was reportedly taken late Monday night, hours after the Madhya Pradesh government told the Supreme Court that the Special Investigation Team (SIT) probing the case had completed its investigation and that the decision on prosecution sanction rested with the Governor.
The development came as the case was heard by a bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and J. Mohana. The bench was informed that the prosecution sanction file had reached the Governor and that a decision was expected shortly. The court subsequently deferred further proceedings pending the decision of the competent authority.
Additional Solicitor General K M Nataraj, appearing for the Madhya Pradesh government, told the court that the SIT had completed its probe. An SIT officer informed the bench that the agency would file a chargesheet if prosecution sanction was granted, while a refusal would lead to a closure report.
According to highly placed official sources in Bhopal, Chief Secretary Ashok Barnwal met Governor Patel at Lok Bhawan after the Governor returned to Bhopal on Monday. The Cabinet’s recommendation was subsequently placed before the Governor, who approved the proposal against granting prosecution sanction.
The Cabinet, chaired by Chief Minister Mohan Yadav, had reportedly decided on August 25 that sanction should not be granted. The recommendation was then forwarded to the Governor for approval.
The entire council of ministers is learnt to have backed Shah, the BJP’s prominent tribal leader, during the August 25 meeting. Ministers reportedly argued that prosecution sanction should be denied as Shah had publicly apologised several times for his remarks.
The controversy dates back to May 11, 2025, when Shah made remarks at a public programme in the Mhow area that were perceived as referring to Colonel Qureshi. Qureshi had been among the military officers who, along with Wing Commander Vyomika Singh and Foreign Secretary Vikram Misri, briefed the media during Operation Sindoor. He had reportedly used the “sister of the same community as terrorists” remark, which was perceived to be referring to the Indian Army Colonel Sofiya Qureshi.
The Madhya Pradesh High Court took suo motu cognisance of Shah’s comments on May 14, 2025 and ordered registration of an FIR. Police subsequently registered the case at Indore-Rural’s Manpur police station under Sections 152, 196(1)(b), and 197(1)(g) of the BNS. The High Court the next day criticised the manner in which the FIR had been drafted and indicated that it would monitor the investigation.
Minister Shah then approached the Supreme Court challenging the High Court’s intervention and the direction for registration of the FIR.
On May 19, 2025, the apex court granted him interim protection from arrest and ordered the constitution of a three-member SIT headed by senior MP cadre IPS officers. The minister was directed to cooperate with the investigation.
After completing its inquiry, the SIT sought prosecution sanction under Section 196(1)(a) of BNS, which deals with punishment for anyone who promotes or attempts to promote enmity, hatred, or ill-will between different religious, racial, language, or regional groups, castes, or communities through words, writing, signs, or electronic communication.
The investigation report and sanction request had been pending with the state authorities since August 19, 2025.
The delay subsequently came under scrutiny in the Supreme Court. On January 19, 2026, the court directed the state government to take a decision, noting that the SIT report had been available with the authorities since August 2025. The issue resurfaced before the apex court on May 8, with the bench again seeking clarity on the pending sanction.
During Monday’s hearing, senior advocate Maninder Singh, appearing for Shah, told the court that the minister had apologised for his remarks. He urged that the apology and Shah’s representation be considered while deciding the prosecution sanction. The Chief Justice, however, did not express an opinion on the request.
The Governor’s decision reportedly not to grant sanction for the senior minister’s prosecution has on expected lines triggered sharp political response from the opposition Congress.
A state Congress delegation led by Leader of Opposition (LoP) Umang Singhar met the Governor at the Lok Bhawan in Bhopal on Tuesday over the issue. The delegation which also comprised two other legislators of the party, including Arif Masood and Suresh Raje, sought reconsideration of the proposal for prosecution as well as appropriate action against the minister.
Importantly, on August 26, Congress’s Rajya Sabha member and senior Supreme Court advocate Vivek Tankha had also pointed to a 2004 Supreme Court ruling arising from a Madhya Pradesh case involving prosecution sanction against ministers. In that matter, the Council of Ministers had opposed sanction, while the Governor subsequently approved it. The Supreme Court had on November 5, 2004 upheld the Governor’s decision after overturning the High Court rulings.
The concerned November 2004 judgment of the apex court, had reportedly observed that a Governor ordinarily acts on the advice of the Council of Ministers in such matters, but may exercise independent judgment in exceptional situations, including where the Cabinet’s decision appears to suffer from bias, irrationality or failure to consider relevant material. Tankha, who had represented one of the ministers in that litigation, had cited the precedent in the context of the Shah case.