Why Did MP High Court Order FIR Against Minister Vijay Shah Over Remarks on Col Sofiya Qureshi?

Bhopal, May 14 (NationPress) The Madhya Pradesh High Court has mandated that law enforcement agencies file a First Information Report (FIR) against Tribal Affairs Minister Vijay Shah due to his contentious remarks about Army officer Colonel Sofiya Qureshi.

The Jabalpur High Court bench, which includes Justice Atul Shridharan and Justice Anuradha Shukla, has taken suo motu cognizance of the situation and has instructed immediate legal action. The court has directed the Director General of Police (DGP) to commence proceedings within four hours, highlighting the urgency of the issue.

However, law enforcement representatives have indicated that they are waiting for an official order, assuring that actions will be initiated upon receiving the court's directive.

Upon initial review, the High Court underscored that Section 196(1)(b) of the Bharatiya Nyaya Sanhita (BNS) is pertinent to this case, as Colonel Qureshi practices the Muslim faith. Referring to her as the "sister of terrorists" could disturb communal harmony.

The bench further noted that such statements could foster a perception that, regardless of one’s contributions to the nation, they could be subjected to derogatory treatment solely based on their faith.

Additionally, the Court identified Section 197 of the BNS as applicable, which criminalizes the dissemination of claims, appeals, or statements that impose obligations based on religious, racial, linguistic, regional, caste, or communal identities, which could incite disharmony, enmity, hatred, or animosity among communities.

The Court has ordered that an FIR against Minister Shah be filed immediately and cautioned the DGP about possible contempt charges should there be any delay in compliance.

The controversy ignited from remarks made by Shah during an event in Raikunda village, Mhow, Indore, on Sunday (May 11). Initially overlooked, a video of his statement circulated online on Tuesday, triggering public outrage.

The Court characterized Shah’s comments as a potential threat to national unity and integrity, emphasizing their divisive nature and demanding prompt legal action. Judicial evaluations suggest that Shah’s remarks constitute an offense under the Bharatiya Nyaya Sanhita, 2023 (BNS), especially under Section 152, which penalizes actions that jeopardize India’s sovereignty, unity, and integrity. Section 192 further criminalizes inciting discord among communities based on religion, caste, birthplace, residence, or language. Concurrently, Madhya Pradesh Congress President Jitu Patwari led a delegation to the Shyamala Police Station on Wednesday, insisting on legal action against the minister.

Patwari submitted a formal petition, arguing that Shah’s comments regarding Colonel Qureshi threaten national unity and integrity. He contended that the remarks fall under Sections 351, 352, 353, 78, and 152 of the BNS.