SC rejects BJP minister's apology for remarks against Col Qureshi; orders SIT formation

The Supreme Court on Monday said that a Special Investigation Team (SIT) comprising three senior IPS officers, who do not belong to Madhya Pradesh, must investigate the FIR against BJP Minister Kunwar Vijay Shah for his remarks against Colonel Sofiya Qureshi. The Court further directed that one of the officers should be a woman.

According to a LiveLaw report, the Court directed the Madhya Pradesh DGP to constitute the SIT by 10 am on Tuesday. It should be headed by an IGP and both members should be of rank SP or above.

The Court also stayed the arrest of Vijay Shah in the FIR, which was registered following a suo motu direction by the Madhya Pradesh High Court, subject to the condition that he should join and cooperate with the investigation fully. Though the bench said that it does not want to monitor the investigation, it asked the SIT to submit a status report on the outcome. The bench orally said that it will maintain a "close watch".

The matter will be next considered on May 28.

During the hearing, the Court chastised Shah for his remarks, terming them as "filthy, crass and shameful" and rejected the public apology offered by him as insincere. After the order was dictated, the bench orally said that the entire nation was ashamed of Shah's comments. "Meanwhile, you think how you will redeem yourself...entire nation is ashamed of...we are a country that firmly believes in rule of law..,"Justice Surya Kant said.

A bench of Justice Kant and N Kotiswar Singh was dealing with two petitions filed by Shah: one, challenging Madhya Pradesh High Court's suo motu order for registration of an FIR against him over his reference to Colonel Sofiya Qureshi as a "sister of terrorists"; second, against the High Court order of May 15, where the bench concerned expressed dissatisfaction with the FIR registered against Shah and said that it would monitor the investigation to ensure it takes place fairly.

Senior Advocate Maninder Singh, appearing for the petitioner, said that he has publicly apologised for his remarks. Expressing dissatisfaction with the apology, Justice Kant said, "The kind of crass comments you made, completely thoughtlessly. What prevented you from making a sincere attempt? We don't require your apology. We know how to deal with as per the law".

Justice Kant emphasised that Shah is a public figure and should weigh his words when he speaks. "This is an important issue for the Armed Forces. We need to be very responsible," Justice Kant stated.

The bench then turned to the State and questioned its inaction, LiveLaw reported. "What have you done? When HC had to intervene and re-write your FIR, what have you done? Has it been examined if any cognizable offense is made out? People expect state action will be fair. HC has done its duty, they thought suo motu action was needed..you should have done something more by now," the bench said.

(With inputs from LiveLaw)