The Supreme Court on Friday censured Bharatiya Janata Party (BJP) minister Kunwar Vijay Shah for his remarks against Colonel Sofiya Qureshi, who briefed the media during India's recent cross-border military response, Operation Sindoor, against Pakistan.
The Bench of Justice Surya Kant and Justice N Kotiswar Singh ordered constitution of a Special Investigation Team (SIT) of three IPS officers of Madhya Pradesh cadre to probe the matter. It asked the Director General of Police to constitute the SIT by tomorrow.
"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.
Meanwhile, the Court stayed Shah's arrest and ordered him to join the investigation.
During the hearing, the Court questioned the apology made by Shah 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 Court remarked, adding that it was an attempt to wriggle out of consequences.
The Court 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.
The Court also questioned the State inaction in the matter. "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 Court added that the State should have done "something more" by now.
Shah had stirred controversy after he reportedly remarked: “Those who widowed our daughters, we sent a sister of their own to teach them a lesson. The comment was widely viewed as a veiled reference to Colonel Qureshi.
Madhya Pradesh High Court on May 14 initiated a suo motu case against him and directed registration of a criminal case against him. He then moved the Court.
"His comments are disparaging and dangerous, not just to the officer in question but to the armed forces itself," the High Court had said last week, while taking suo motu congnizance of his remarks.
The High Court had said Shah used the “language of the gutters” by allegedly calling Colonel Qureshi the “sister of terrorists.”
Following the High Court order, an FIR was registered against Shah late on May 14 under Sections 152, 196(1)(b), and 197(1)(c) of the Bharatiya Nyaya Sanhita (BNS).
On May 15, the High Court pulled up the State for drafting the FIR in a manner that it could tomorrow be quashed for not explicitly mentioning the actions of the accused.
The Court went on direct that its May 14 order shall be read as part of the FIR for all judicial, quasi-judicial and investigative purposes.
Today, the top court issued notice on Shah's petition and ordered that an SIT will probe the matter.
"Having gone through the statements by the petitioner and the FIR, we are of the opinion that the subject FIR shall be probed by a SIT with three senior IPS officers... Let the SIT be constituted by tomorrow. Let one member be a woman officer. Both members shall be above the rank of superintendent of police. The head member shall not be below the rank of IG or DGP. Let the petitioner co-operate. As of now his arrest shall remain stayed. Though we are not inclined to monitor the probe, in the peculiar facts and circumstances of the case, we direct the SIT to submit the outcome of its probe through a status report before this court. The first report shall be filed and the case be taken up in the first week of vacations," the Court ordered.
India has lost its prestige for being a secular country where people of all religions can live in harmony.
The current GoI wants to turn India into a mirror image of Pakistan which is not secular, is a theocracy, where the minorities are often persecuted and where the press is muzzled.
No amount of apology can be accepted for the CRASS & LOW comments made by him against an LADY ARMY OFFICER
Is it too late?
Closing the stable door after the horse has bolted?