Supreme Court questions State for delay to grant sanction to prosecute minister Kunwar Shah for remarks on Col. Sofiya Qureshi

The Supreme Court on Monday directed the Madhya Pradesh government to take a call 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, Justice Dipankar Datta and Justice Joymalya Bagchi questioned the State's delay on a Special Investigation Team (SIT)'s request for grant of prosecution sanction against him.

The SIT probed the case on orders of the top court.

"You are sitting over the SIT report since August 19, 2025. Statute casts an obligation on you and you must take a call. It is January 19 now," CJI Kant remarked.

The Court opened the SIT's sealed cover report and noted that after investigating various aspects, it has sought government's sanction to prosecute him.

"We are informed no action taken by State since matter pending here. We direct state of Madhya Pradesh to take an appropriate step for sanction in terms of law," the Court ordered.

The State earlier submitted that it had not acted on the SIT's request since the matter was pending before the top court.

When Senior Advocate Maninder Singh, representing Shah, submitted that he had earlier apologized for his remarks, the Court said,

"Where is the apology ? Nothing on record. Now it's too late also."

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 in a suo motu case 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.