New Delhi: The Supreme Court on Monday directed the Madhya Pradesh government to decide within two weekswhether to grant sanction to prosecute state minister Kunwar Vijay Shah for his allegedly objectionable remarks targeting Indian Army officer Colonel Sofiya Qureshi. The remarks came in the aftermath of Operation Sindoor, a high-profile military operation that had brought Col Qureshi and Wing Commander Vyomika Singh into the national spotlight.

A bench comprising Chief Justice Surya Kant and Justices Dipankar Datta and Joymalya Bagchi noted that the apex court-appointed Special Investigation Team (SIT) had completed its probe and submitted its final report. However, the matter had remained pending because further proceedings required mandatory sanction from the state governmentunder Section 196 of the Bharatiya Nyaya Sanhita, which governs prosecution of certain public officials for acts promoting communal hatred or ill-will.

Court Observations

The bench expressed its frustration over the delay in action by the Madhya Pradesh government. “You have been sitting over the SIT report since August 19, 2025. The statute casts an obligation on you and you must take a call. It is January 19, 2026 now,” observed Chief Justice Kant.

The bench perused the SIT’s sealed report and noted that the panel had specifically requested the government’s sanction to prosecute Shah after investigating the alleged remarks. The court emphasized that the investigation is complete, and it is now the state’s responsibility to take appropriate action. It directed the Madhya Pradesh government to take a decision within two weeks and submit a compliance report.

The bench also instructed the SIT to investigate other alleged instances in which Shah was said to have made objectionable statements, with a separate report to be submitted detailing the action proposed for those additional remarks.

Previous Supreme Court Observations on Shah’s Conduct

The apex court had previously rebuked Shah for his conduct, observing that any apology at this stage would be “too late.” On July 28, 2025, the court pulled up Shah for failing to place a public apology against Col Qureshi on record, stating that his inaction was “testing the court’s patience.”

The court had highlighted that the minister’s behavior raised questions about his bona fides and intentions, noting that an online apology alone was insufficient. “What is an online apology? We are starting to have doubts about his intentions and bona fides. You place the apology on record. We will have to see it,” the court remarked.

Background of the Case

The controversy arose after a video circulated widely showing Shah allegedly making derogatory remarks against Col Qureshi. Col Qureshi had gained national attention for her role in Operation Sindoor, alongside Wing Commander Vyomika Singh, during media briefings that followed the operation.

Following the video, the Madhya Pradesh High Court had rebuked Shah for passing “scurrilous” remarks and using what it described as “language of the gutters” against the officer. The court directed the police to register an FIRagainst Shah under provisions related to promoting enmity and hatred.

Shah, facing widespread condemnation, later expressed regret, stating that he respected Col Qureshi and even claimed that his comments were not intended personally against her.

Timeline of Events

• May 28, 2025: Supreme Court ordered closure of proceedings before the Madhya Pradesh High Court regarding Shah’s remarks and sought a status report from the SIT.
• August 13, 2025: The SIT submitted its final report, requesting prosecution sanction.
• July 28, 2025: Apex court had pulled up Shah for failing to place a proper apology on record.
• January 19, 2026: Supreme Court directs the Madhya Pradesh government to decide on sanction within two weeks.

The Supreme Court’s order underscores the importance of timely action by state authorities once investigations into public officials are complete, particularly when the alleged conduct involves promoting enmity, hatred, or contempt towards the armed forces.

Legal Context

Section 196 of the Bharatiya Nyaya Sanhita requires state government approval for prosecuting public officials in cases involving criminal liability for acts committed in office, including promotion of enmity or communal hatred. The apex court’s directive ensures that the statutory requirement is acted upon without undue delay, preventing indefinite stalling of justice.

Current Status

The Madhya Pradesh government has been given a fortnight to take a decision on granting sanction to prosecute Shah. The SIT will also continue probing additional alleged statements by the minister and submit a separate report detailing recommended actions. The Supreme Court’s stern remarks indicate that further inaction will not be tolerated and highlight the judiciary’s insistence on accountability of public officials for statements that target members of the armed forces or undermine public trust.

The case remains under close judicial observation, and the Supreme Court has made it clear that the sanction decision is time-bound and must comply with legal requirements, reinforcing the principle that public officials are not above the law.

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