BHOPAL: Expressing displeasure over the FIR filed against Madhya Pradesh cabinet minister Vijay Shah for calling Colonel Sofiya Qureshi the “sister of terrorists”, the Madhya Pradesh High Court on Thursday said it will monitor the police investigation into the matter.
Taking up the matter on priority, a day after the Manpur police in Indore Rural district registered a FIR against Shah under BNS Sections 152, 196(1)(b) and 197(1)(C) on the basis of the HC’s Wednesday order, the same division bench of the High Court in Jabalpur, observed on Thursday that the state has complied with the Court’s order and registered the FIR. But the FIR has been drawn in a manner so as to assist the suspect to be able to have the FIR quashed on a later date.
“The FIR has been registered in such a manner, leaving sufficient space open so that if it is challenged under erstwhile section 482 of CrPc (section 528 BNSS), the same may be quashed because it is deficient in material particulars of the actions which constitutes each of the specific offences. This is gross subterfuge on the part of the State. The FIR has been drawn in a manner so as to assist the suspect Vijay Shah to be able to have the FIR quashed on a later date,” the division bench comprising Justices Atul Sreedharan and Anuradha Shukla stated in the four-page order.
“The FIR is brief, having gone through the FIR in its entirety, there is not a single mention of the actions of the suspect, which would satisfy the ingredients of the offences which have been registered against him. At this juncture this Court desists from embarking on a journey to find out as to who was responsible in the chain of command of the state police for this clumsy attempt. This Court shall endeavour to find out the same in future proceedings,” the HC added.
“However, in order to ensure that said subterfuge is nipped in the bud, this Court directs that its entire May 14 order shall be read as part of paragraph 12 of the FIR for all judicial, quasi-judicial and investigating process henceforth. In view of the nature of the case and the manner in which the FIR has been registered, which does not inspire confidence of this Court, and the Court is of the opinion that if the case is not duly monitored, the police would not investigate fairly in the interest of justice in accordance with law.”
“Under the circumstances, this Court feels compelled to ensure that it monitors the investigation without interfering in the independence of the investigating agency, but only to the extent of monitoring that it acts fairly in accordance with law without being influenced by any extraneous pressures or directions,” the order mentioned.
The HIgh Court further ordered the listing of the case for hearing on top priority on June 16.
Shah moves Supreme Court for stay on HC’s order
On the same day when the HC pulled up the state for the improper FIR against Shah, he moved the Supreme Court, challenging the MP High Court’s Wednesday order, directing registration of FIR against him.
While agreeing to hear on Friday, his urgent plea seeking stay on the HC’s Wednesday order (FIR registered against him) the top court’s division bench comprising Chief Justice of India (CJI) BR Gavai and Justice AG Masih refused to stay the proceedings started on the HC’s order.
The top court also rebuked the MP minister, reportedly stating, “Holding a constitutional position, you should have exercised a degree of restraint, particularly when the nation is undergoing such a situation.”