The Supreme Court on Friday took exception to the Madhya Pradesh government delaying its decision on grant of sanction to prosecute its minister Kunwar Vijay Shah for his objectionable remarks about Colonel Sofiya Qureshi, who had briefed the media during last year's Operation Sindoor.
The Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi said the decision on a Special Investigation Team (SIT)'s request for grant of prosecution sanction against him was to come two weeks back.
The SIT probed the case on orders of the top court and sought government's sanction to prosecute him.
"Just comply with our order now. Enough is enough. The first thing should have been an apology. It was only after we took cognizance. List this after four weeks,” CJI Kant remarked.
The Court made the remarks after Solicitor General (SG) Tushar Mehta said that decision on sanction to prosecute the minister was still pending.
Mehta also said Shah's remarks might have been misread.
"What he said was unfortunate. Possibly he wanted to praise the lady officer," SG Mehta said.
However, CJI Kant said,
"It was not unfortunate. It was most unfortunate."
Mehta reiterated:
"He wanted to praise the lady. But he could not articulate himself."
CJI Kant did not agree with the argument.
"As a politician, he knows how to articulately praise the lady officer."
Justice Bagchi pointed out that as per SIT's status report, Shah was in the habit of making such comments.
"Let the State consider the totality of circumstances and take a call," the Court added.
It was not unfortunate. It was most unfortunate.Supreme Court
Colonel Qureshi was one of the Army officers who had briefed the media about India's cross-border military response, Operation Sindoor, against Pakistan.
The operation was conducted in the wake of the Pahalgam terror attack of April 22 in which 26 Indian civilians were killed.
Shah stirred controversy after he reportedly said,
“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 and her religion.
The controversial comment was made by Shah at a public event in Raikunda village, Ambedkar Nagar (Mhow) and drew widespread criticism, with calls for his dismissal from office.
Subsequently, the Madhya Pradesh High Court initiated a suo motu case and took strong objection to Shah's remarks and ordered the police to register a first information report (FIR) against Shah.
"His comments are disparaging and dangerous, not just to the officer in question but to the armed forces itself," the High Court said.
"To enforce the order of this Court, I will bring hell down, if need be," High Court Justice Atul Sreedharan warned the police.
An FIR was registered against Shah late on May 14. The police booked Shah under Sections 152, 196(1)(b), and 197(1)(c) of the Bharatiya Nyaya Sanhita (BNS), which pertain to acts endangering national sovereignty and promoting enmity between different groups.
Shah then moved the Supreme Court challenging the High Court order. The Court on May 16, 2025, took strong exception to Shah's remarks and refused to accept his apology.
It also declined to stay the FIR and instead constituted the SIT against him, while protecting him from arrest.