Why Did the SC Close Suo Moto Proceedings Against Vijay Shah?

Synopsis
Key Takeaways
- Supreme Court closes suo moto proceedings against Vijay Shah.
- Ongoing investigation by the SIT into controversial remarks.
- Vijay Shah protected from coercive action during the investigation.
- Significant political implications for Shah.
- Public outcry following his comments on Colonel Sofiya Qureshi.
New Delhi, May 28 (NationPress) In a bid to prevent multiple legal actions, the Supreme Court has decided to terminate the suo moto proceedings ongoing in the Madhya Pradesh High Court. This was initiated after the High Court mandated the filing of an FIR against Tribal Welfare Minister Vijay Shah due to his controversial statements regarding Colonel Sofiya Qureshi, the esteemed Indian Army officer who provided media briefings during Operation Sindoor against Pakistan.
A bench consisting of Justices Surya Kant and Dipankar Datta extended their prior ruling, ensuring that no coercive actions, including arrest, would be taken against Shah, provided he participates fully in the investigation.
Solicitor General Tushar Mehta, representing Madhya Pradesh's government, informed the Justice Surya Kant led bench that a three-member SIT had visited Raikunda village near Indore, where Shah made the contentious remarks during a public event on May 12.
Requesting additional time for the investigation, SG Mehta stated that the SIT had gathered essential documents, such as video recordings of the incident and a list of attendees, indicating that the investigation was still in its early phases.
After considering the arguments presented, the apex court has ordered the matter to be re-listed and instructed the SIT to provide a new status report before the next hearing.
Meanwhile, the bench led by Justice Surya Kant has reiterated its previous order safeguarding the Tribal Welfare Minister from any coercive actions related to the FIR.
On the preceding day, the Supreme Court had instructed its registry to accept the status report from the SIT following an oral request from the state government's attorney before Justices Surya Kant and Datta.
Shah has lodged a special leave petition (SLP) in the Supreme Court disputing the Madhya Pradesh High Court's directive for an FIR against him due to his inappropriate comments.
While discussing Operation Sindoor, Shah allegedly stated that Prime Minister Narendra Modi had sent a "sister from the same community" as those in Pakistan to retaliate for the April 22 terror attack in Kashmir's Pahalgam, igniting widespread indignation.
Recently, the Supreme Court mandated the state Director General of Police to establish a SIT comprising three senior IPS officers from Madhya Pradesh, including a female officer, to investigate the FIR lodged against Shah under various sections of the Bharatiya Nyaya Sanhita (BNS).
"The SIT will be led by an officer no lower in rank than Inspector General of Police, with the other two members also holding the rank of Superintendent of Police or above. The investigation of the FIR shall be assigned to the SIT immediately," stated the order from the bench led by Justice Surya Kant on May 19.
Furthermore, it clarified that no coercive measures would be taken against Shah, including arrest, while requiring the Minister to fully cooperate with the investigation.
Following the Supreme Court's directive, Madhya Pradesh's DGP Kailash Makwana formed the SIT on May 19, including IG of Sagar Range, Pramod Verma (2001 batch IPS), DIG of SAF, Kalyan Chakraborty (2010 batch), and Dindori SP Vahini Singh (2014 batch).
The Madhya Pradesh High Court had previously directed the DGP on May 14 to file a criminal case against Shah within four hours, cautioning the top police official of contempt proceedings if there were any delays. A bench led by Justices Atul Sreedharan and Anuradha Shukla indicated that prima facie, there was an apparent offense of inciting discord among various castes, religions, and languages. The Justice Sreedharan led bench expressed that referring to Colonel Qureshi as a "sister of terrorists" constitutes an offense that offends the sentiments and beliefs of the Muslim community.