The Supreme Court on Monday was informed that the investigation into the case concerning Madhya Pradesh Minister Kunwar Vijay Shah’s remarks against Colonel Sofiya Qureshi has been completed, and that the requisite sanction for prosecution is expected to be obtained soon. The matter was heard by the Bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana.
At the outset, the ASG K.M. Nataraj submitted that the requisite sanction would be obtained soon. The Court thereafter sought clarity on the status of the investigation report and what would follow depending on the sanction decision.
The Court observed that the investigation was complete and the report was ready, and asked what would happen if sanction was granted and, alternatively, if the competent authority decided not to grant sanction. DIG Intelligence responded that if sanction was not granted, the investigating agency would place the evidence before the competent court and file a closure report.
The Court was then informed that the investigation report had been kept in sealed cover because the sanction issue was still pending before the competent authority.
The Court also interacted with D. Kalyan Chakraborty, DIG Intelligence, Government of Madhya Pradesh, who was present in court. Chakraborty confirmed that, pursuant to the Court’s earlier directions, the investigation had been completed and the report kept in a sealed cover as sanction for prosecution was still pending before the competent authority. He further stated that the report would be submitted before the competent court once sanction was granted. The Court thereafter recorded that, since the sanction was still pending, Chakraborty need not appear again, telling him, “You need not to come, because you are absolved from your responsibility. You are completely free.”
Meanwhile, counsel appearing for Minister Kunwar Vijay Shah sought permission to make a representation when the sanction is considered. He submitted that the Minister had apologised publicly the very next day and requested that the apology be taken into account while the sanction decision is considered.
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“I have apologised the very next day in public….I can only make a representation at the time of consideration, my lord, that my, this mistake and apology can be considered. I have submitted before your lordship, if your lordship so permit and find it appropriate I can give that representation from which it is placed on the record of your lordship. The very next day, my lord, it was publicly given…”
However, the Court said it will say nothing on that and noted that the sanction decision was still pending and indicated that the matter would proceed once the competent authority takes a decision.
The case concerns Madhya Pradesh Minister Kunwar Vijay Shah’s remarks about Colonel Sofiya Qureshi, linking her Muslim identity to the terrorists responsible for the Pahalgam attack. The Madhya Pradesh High Court had treated the remarks as potentially promoting enmity between religious groups, among other concerns.