New Delhi: The Supreme Court on Monday chided Madhya Pradesh minister Vijay Shah for his “crass” remarks on Col Sofiya Qureshi and constituted a three-member special investigation team to probe the FIR lodged against him.
A bench of Justices Surya Kant and N Kotiswar Singh, which rejected his apology, left to the minister to “redeem himself” for his utterances saying his apology was only an attempt to wriggle out of the legal consequences.
“The entire nation was in shame due to the comments… We saw your videos, you were on the verge of using very filthy language but somehow better sense prevailed or you did not find suitable words. You should be shameful. Entire country is proud of our Army and you made this statement,” Justice Kant said.
Senior advocates Maninder Singh and Vibha Datta Makhija, representing the minister, submitted that he had genuinely expressed his regret and was willing to do so again.
“What is that apology? Where is that apology tendered by you? Should we show you the video what kind of apology was tendered… There is some meaning of the word ‘apology’.
“Sometimes people use very docile language and they will say a very artificial kind of apology only to wriggle out of legal consequences and sometimes people shed crocodile tears also. So, in which category your case falls into. We would like to know,” the bench told Singh.
The bench said the minister has “ruthlessly hurt” the sentiment of people and added, “The kind of crass comments you made, completely thoughtlessly. You made the statement on May 12 and today is May 19. So, what prevented you from making a sincere attempt. We don’t require this apology…”
The bench did not allow senior advocates Indira Jaising and Vivek Tankha to make any submission on behalf of the intervenors, saying the court does not want to politicise the matter.
Justice Kant told Singh that one should always see the timing of his comments and this was such an emotive issue for the Indian forces that everyone should be very responsible.
“We have said earlier also and we repeat that we are proud of our Armed Forces. They are on the frontline and the least we can do is act responsibly. If you insist that this is your genuine regret then it is outrightly rejected…,” the bench said.
The bench further told Singh, “We are a country, which firmly believes in the rule of law. High or small, we follow the same principle for everyone. You have one apprehension that suo motu action has been taken and the high court is the complainant. We never carry any prejudice against anyone…”
The top court, which constituted an SIT comprising three directly recruited IPS officers headed by an inspector general of police rank officer and including one woman officer, said that the probe team will file its first status report on May 28.
“Having gone through the contents of the statements attributed to the petitioner and also the content of the apology said to have been tendered by him, we are satisfied that the subject FIR requires to be investigated by an SIT comprising three senior directly recruited IPS officers of Madhya Pradesh cadre but who do not belong to the state. We are further of the opinion that out of the three officers, one should be the woman officer,” the bench ordered.
It directed the DGP of MP to constitute the SIT before 10am on Tuesday and entrust the investigation to it.
The top court said “the petitioner will join and fully cooperate in the investigation, subject thereto as of now his arrest shall remain stayed”.
The bench pointed out to counsel for the state government that the people are also expecting that action of the state will be fair.
During the hearing of the plea, filed by the minister against the high court order directing an FIR against him for his remarks, the bench further said he was a public figure and seasoned politician and therefore his words should have carried some weight.
“You should weigh your words when you speak…You were on the verge of using a very abusive language. There you stopped because you did not find any alternate words. When you yourself will watch the video, you will see that you were at a particular stage where you were going to use very filthy language…,” Justice Kant said.
The judge said Shah was a public representative and he must lead by example. “This is what we expect from our leaders,” Justice Kant said.
Singh said there is no ambiguity in Shah’s regret and that he is ready to again tender apology.
Shah came under fire after a video, which was distributed widely, showed him allegedly making objectionable remarks against Col Qureshi, who gained nationwide prominence along with another woman officer, Wing Commander Vyomika Singh, during media briefings on Operation Sindoor.
The Madhya Pradesh High Court rebuked Shah for passing “scurrilous” remarks and using “language of the gutters” against Col Qureshi, and ordered the police to file an FIR against him on the charge of promoting enmity and hatred.
After drawing severe condemnation, the MP minister has expressed regret and said that he respects Col Qureshi more than his sister.
