The Madhya Pradesh High Court has taken suo motu action and directed the registration of an FIR against State Minister Vijay Shah for making derogatory remarks against Colonel Sofiya Qureshi. The court labeled Shah's comments as "disparaging," "dangerous," and "language of the gutters," criticizing the minister for targeting not just the officer but the integrity of the armed forces.
The court noted that the incident occurred during a public event at Raikunda in Ambedkar Nagar, where Shah made comments implying that Col. Qureshi was a "sister of terrorists." His statements were seen as an attack on a senior Army officer who had represented the armed forces during "Operation Sindoor," a mission against Pakistani terrorist sites.
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The division bench, comprising Justice Atul Sreedharan and Justice Anuradha Shukla, identified multiple offences under the Bharatiya Nyaya Sanhita (BNS), 2023, based on Shah's comments:
- Section 152 BNS - Sovereignty and Integrity:
- The court observed that Shah's remark implied a connection between Col. Qureshi and terrorists, promoting separatist sentiments and endangering India's unity and integrity.
- Quote: "The statement of the minister... encourages feelings of separatist activities... endangers sovereignty or unity and integrity of India."
- Section 196(1)(b) BNS - Religious Harmony:
- The court noted that labeling Col. Qureshi as a "sister of terrorists" based on her faith could disturb public harmony.
- Quote: "This section would be applicable... as it may be prejudicial to the maintenance of harmony between different religious groups."
- Section 197 BNS - National Integration:
- Shah's remarks were also seen as fostering enmity between communities, which could damage national integration.
- Quote: "The statement... has the propensity to cause disharmony and feelings of enmity... between the members of the Muslim faith and other persons."
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The High Court directed the Director General of Police (DGP) of Madhya Pradesh to immediately register an FIR against Vijay Shah. The court made it clear that any delay would result in contempt proceedings against the DGP.
Justice Sreedharan emphasized the urgency, stating:
"Register, register right now... I may not be alive tomorrow... I am giving you four hours."
The court also instructed the Advocate General to ensure that the order is transmitted without delay and warned of serious consequences for non-compliance.
