New Delhi: The Supreme Court on Friday expressed displeasure over the delay by the Madhya Pradesh government in deciding on the grant of sanction to prosecute Tribal Affairs Minister Kunwar Vijay Shah in connection with his controversial remarks against Indian Army officer Colonel Sofiya Qureshi, who had briefed the media during last year’s Operation Sindoor.
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi questioned the state government over its failure to comply with the apex court’s earlier direction asking it to take a decision on sanction within two weeks.
Solicitor General Tushar Mehta, appearing before the apex court, submitted that the remarks made by Shah were “unfortunate” and suggested that the minister may have intended to praise Colonel Qureshi but failed to articulate himself properly.
“What he said was definitely unfortunate. Possibly, he wanted to praise the lady officer, but he could not articulate properly and ended up saying something else,” SG Mehta said, while clarifying that it was his personal view and not the stand of the Madhya Pradesh government.
However, the CJI Kant-led Bench did not agree with the submission. “It was not unfortunate. It was most unfortunate,” remarked the apex court.
When the SG reiterated that Shah may have misspoken, the CJI Kant-led Bench observed that political personalities are generally careful and articulate in their public statements. “As a politician, he knows how to articulate and praise the lady officer,” the top court observed, adding that had it been a genuine slip of tongue, an immediate apology would have followed.
The Supreme Court also referred to the status report filed by the court-appointed Special Investigation Team (SIT), observing that the report indicated Shah was “in the habit of making such comments”.
Senior advocate Maninder Singh, appearing for Shah, submitted that the minister had already apologised publicly for his remarks.
The apex court, however, questioned the sincerity of the apology. “Only because the court took cognisance, you apologised. Writing a letter is not an apology. It was only to make a fake defence,” the CJI Kant-led Bench remarked, adding, “The first thing should have been to apologise with folded hands.”
SG Mehta then submitted that Shah had also apologised on television with folded hands.
The CJI Kant-led Bench eventually directed the state government to comply with its earlier order and decide on the issue of sanction, while asking it to consider the “totality of circumstances”.
The matter has now been posted for hearing after four weeks. Earlier, on January 19, the Supreme Court had directed the Madhya Pradesh government to take a decision within two weeks on granting sanction to prosecute Shah after opening the SIT’s sealed cover report, which disclosed that the probe panel had sought sanction to proceed against the minister.
Shah had approached the Supreme Court after the Madhya Pradesh High Court, in suo motu proceedings, directed registration of an FIR against him over his remarks targeting Colonel Qureshi.
While granting interim protection from coercive action, including arrest, the apex court had ordered the constitution of a three-member SIT, including a woman IPS officer, to probe the matter.
