Bhopal, May 14 The Madhya Pradesh High Court has directed law enforcement authorities to register a First Information Report (FIR) against Tribal Affairs Minister Vijay Shah following his controversial remarks concerning Army officer Colonel Sofiya Qureshi.
The Jabalpur High Court bench, comprising Justice Atul Shridharan and Justice Anuradha Shukla, took suo motu cognisance of the matter and ordered immediate legal action. The court instructed the Director General of Police (DGP) to initiate proceedings within four hours, emphasising the urgency of the matter.
However, law enforcement officials reportedly stated they were awaiting an official directive, assuring that action would be taken upon receipt of the court order.
The High Court, upon preliminary examination, noted that Section 196(1)(b) of the Bharatiya Nyaya Sanhita (BNS) applies to the case, as Colonel Qureshi adheres to the Muslim faith. The act of referring to her as the "sister of terrorists" could prejudice religious harmony.
The bench further observed that such remarks possess the potential to create a perception that, irrespective of an individual’s service to the nation, they may face derogatory treatment solely due to their faith.
Moreover, the Court found that Section 197 of the BNS is relevant, as it criminalizes the publication of assertions, pleas, or appeals that impose obligations based on religious, racial, linguistic, regional, caste, or communal identity, where such content fosters disharmony, enmity, hatred, or ill-will among groups.
It further ordered the immediate filing of an FIR against Minister Shah and warned the DGP of contempt charges in case of any delay in compliance.
The controversy arose from remarks made by Shah at an event in Raikunda village, Mhow, Indore, on Sunday (May 11). While initially overlooked, a video of the statement surfaced online on Tuesday, provoking public outrage.
The Court classified the remarks as a potential threat to national unity and integrity, underscoring their divisive nature and calling for swift legal action. Judicial findings indicate that Shah’s remarks constitute an offence under the Bharatiya Nyaya Sanhita, 2023 (BNS), particularly under Section 152, which penalises acts jeopardising India's sovereignty, unity, and integrity. Section 192 further criminalises inciting animosity among communities based on religion, caste, place of birth, residence, or language. Meanwhile, Madhya Pradesh Congress President Jitu Patwari led a delegation to the Shyamala Police Station on Wednesday, demanding legal action against the minister.
Patwari submitted a formal application, stating that Shah’s comments concerning Colonel Qureshi threaten national unity and integrity. He argued that the remarks fall within the scope of Sections 351, 352, 353, 78, and 152 of the BNS.
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