New Delhi: Every word uttered by a minister has to be with a sense of responsibility at a time the country is undergoing “such a situation”, the Supreme Court said on Thursday as it reprimanded Madhya Pradesh minister Vijay Shah who is facing an FIR for his remarks targeting Col Sofiya Qureshi.
“What sort of statements are you making? You are a responsible minister of the government,” Chief Justice B R Gavai told Shah’s counsel.
The bench, also comprising Justice Augustine George Masih, said the apex court would on Friday hear Shah’s plea challenging the Madhya Pradesh High Court’s May 14 order directing an FIR against him for the comments.
“When this country is undergoing such a situation, every sentence or word uttered by a responsible minister has to be with a sense of responsibility,” the CJI told Shah’s counsel.
The bench went on, “Persons holding such a constitutional office are expected to exercise a degree of restraint.”
Senior advocate Vibha Datta Makhija, appearing for Shah, mentioned the matter for urgent listing and said the high court had taken suo motu cognisance and asked for registration of an FIR.
Later in the day, another lawyer mentioned before the bench a separate letter petition which has sought action against Shah for his remarks against Colonel Qureshi.
“We don’t want these publicity litigations. Anybody reads newspaper and file such petitions,” the bench said.
The bench said the Madhya Pradesh High Court already took cognisance of the matter.
Earlier in the day, Makhija said the petitioner, the state’s tribal affairs minister, had expressed remorse.
“It was a statement which was misunderstood as well. That I can justify to your lordships,” she said.
She added, “He (Shah) never meant what is being made out by the media.”
“Now the FIR is already registered,” the bench said.
Makhija said the petitioner was seeking a stay on the FIR as he was not heard by the high court.
“I (Shah) am just praying that till I am heard, no action be taken,” she said.
The bench asked why the petitioner had not moved the high court seeking relief.
“Merely because somebody is a minister, should we entertain it,” the bench asked, adding, “Go and apply before the high court.”
When Makhija urged the apex court to see the high court’s order, the bench said, “We will have it tomorrow.”
In the meanwhile, the senior counsel said, no further action be taken against Shah. She said the matter was listed for hearing before the high court today.
“Nothing is likely to happen in 24 hours,” the bench said, “and petitioner can inform the high court that the matter is listed for hearing in the apex court on Friday”.
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 last week.
The Madhya Pradesh High Court chided 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.
“On the basis of what has been observed herein above, this court directs the Director General of Police of Madhya Pradesh to register forthwith an FIR against minister Vijay Shah for offences under sections 152, 196(1)(b) and 197(1)(c) of the BNS (Bharatiya Nyaya Sanhita),” the high court said.
After drawing severe condemnation, the MP minister said he is ready to apologise 10 times if anyone is hurt by his statement and that he respects Col Qureshi more than his sister.
An FIR was registered against Shah in Indore district on Wednesday night following the high court’s order, an official said.
The FIR was registered under sections 152 (acts endangering the sovereignty, unity and integrity of India), 196 (1)(b) (promoting enmity between different groups on grounds of religion, race, language, or other similar characteristics) and 197(1)(c) (statement or action that causes or is likely to cause disharmony, enmity, or hatred between different groups) of the BNS.
