In a major setback for Madhya Pradesh Bharatiya Janata Party (BJP) minister Kunwar Vijay Singh for his alleged remarks against Colonel Sofiya Qureshi, the Supreme Court on Friday ordered constitution of a Special Investigation Team (SIT) of three IPS officers of Madhya Pradesh cadre to probe the matter.
While refusing to accept Shah's apology, the top court's two-judge bench, led by Justice Surya Kant and Justice N Kotiswar Singh, questioned the apology made by him and said he had not committed any contempt of court to express apology for his words. "The kind of crass comments you made, completely thoughtlessly... We don't need this apology," the apex court castigated and censured him.
It asked the Director General of Police to constitute the SIT by tomorrow, while observing that it was an attempt (by Shah) to wriggle out of consequences.
"We are constituting a SIT with three IPS officers and one should be the rank of IG or DGP rank. All of them should be [from] outside the State. It is a litmus test and we want the state to submit the SIT report to us. We would like to have a very close watch," the Court said.
The Court, however, stayed Shah's arrest and ordered him to join the investigation.
The Court went on to further remarked that Shah was exposed in public and he should have been wise enough to own up to his actions.
"You are saying 'if' I have done," Justice remarked.
Questioning the state of MP, for its inaction in the matter, the top court added, "What have you done after registering the FIR? Has he [SHO] examined what kind of offence is made out. What is the status," it said.
The top court made it clear that by now,the State should have done "something more".
On May 15 hearing, the top court came down heavily on Madhya Pradesh BJP minister, Shah for his alleged and "irresponsible" comments on Colonel Sofiya Qureshi, as it had said a person holding constitutional post must exercise restraint, especially when the country was facing such a situation (Operation Sindoor).
"What kind of statement you (Shah) are making? Such a person holding a constitutional office should be responsible. When this country is going through such a situation (Operation Sindoor). He has to know what he is saying. Just because you are a minister...,” said a two-judge bench of the apex court, led by CJI Bhushan Ramkrishna Gavai and also comprising Justice Augustine George Masih.
Heavily criticizing minister Shah for his alleged comments, the top court even on the point of his relief questioned him and asked why you can't approach the High Court?
On May 14, the Madhya Pradesh High Court had -- taking suo motu cognisance of his irresponsible comments in the matter -- made strong objection to Shah's comment and ordered the police to register an FIR against him. Following the order of the HC, an FIR was registered against Shah under sections 152, 196(1)(b), and 197(1)(c) of the Bharatiya Nyaya Sanhita (BNS).
Shah has moved the top court seeking stay of the HC order on the FIR being filed against him for his irresponsible comments.
It is significant to note that the Indian Army officer Colonel Sofiya Qureshi had recently briefed the media about Operation Sindoor which was earlier going on against Pakistan.
The High Court in its order had said and even warned that if the FIR is not registered by Wednesday evening, the court may contemplate proceeding against the Director General of Police of the State for contempt of the order.
The controversy came to light after a video clip of Shah's speech went viral on social media. In his clarification, Shah said his comments were taken out of context and were meant to praise Colonel Qureshi's bravery.
