New Delhi [India], May 19 : The Supreme Court on Monday came down heavily on Madhya Pradesh BJP minister Kunwar Vijay Shah for his remarks against Colonel Sofiya Qureshi, who had briefed the media about Operation Sindoor against Pakistan.
The court ordered the constitution of a Special Investigation Team (SIT) comprising three IPS officers to probe the matter.
A bench of Justices Surya Kant and N Kotiswar Singh directed that the SIT must consist of three senior IPS officers from the Madhya Pradesh cadre, who are currently serving in the state but do not originally belong to it. The court also specified that one of the officers must be a woman.
The apex court instructed the Director General of Police to constitute the SIT by May 20.
Terming the minister's remarks as "filthy, crass and shameful", the court rejected Shah's public apology, calling it insincere. "The nation is ashamed of you (Shah). Redemption is yours to seek," said Justice Surya Kant.
While the court stayed Shah's arrest, it directed him to join and fully cooperate with the investigation.
Although the bench said it would not monitor the investigation directly, it made it clear that it would keep a close watch on the case.
The SIT has been asked to submit a status report on the probe, and the matter has been posted for hearing on May 28.
"Having gone through the statements by the petitioner (Shah) and the FIR, we are of the opinion that the subject FIR shall be probed by a SIT with three senior IPS officers who do not belong to the MP cadre but are in MP. Let the SIT be constituted by tomorrow. Let one member be a woman officer. Both members shall be above the rank of superintendent of police. The head member shall not be below the rank of IG or DGP," the bench stated in its order.
"Though we are not inclined to monitor the probe, in the peculiar facts and circumstances of the case, we direct the SIT to submit the outcome of its probe through a status report before this court," the court further said.
The Supreme Court was hearing a plea filed by Shah challenging the Madhya Pradesh High Court's suo motu order to register an FIR against him over his remarks against Colonel Qureshi.
During the hearing, senior advocate Maninder Singh, appearing for Shah, said that the minister had publicly apologised for his comments. However, the court questioned the sincerity of his apology.
Justice Kant said, "What kind of apology? What is that apology? Sometimes people apologise to wriggle out of legal liabilities. Sometimes crocodile tears. What kind of apology is yours?"
Justice Kant slammed Shah for his remarks, calling them completely thoughtless and "crass".
He continued, "What prevented you from making a sincere attempt? We don't require your apology. We know how to deal with it as per the law. We have rejected your apology. You have said 'if somebody is hurt'... You are not even ready to take responsibility."
Justice Kant said that Shah, as a public figure and seasoned politician, should "weigh his words" before speaking.
"You are fully exposed to the public. Sentiments of people were ruthlessly hurt..." Justice Kant observed, adding that it was now up to Shah to redeem himself.
"We are a country that thoroughly believes in the rule of law. We follow the same principle for everyone," Justice Kant said.
The bench also questioned the state government's inaction in registering the FIR, saying, "What have you done? When the High Court had to intervene and rewrite your FIR, what did you do? Has it been examined whether any cognisable offence is made out? People expect state action will be fair. High Court has done its duty, they thought a suo motu action was needed... You should have done something more by now."
On May 14, the Madhya Pradesh High Court ordered police to register an FIR against Shah, taking suo motu cognisance of his controversial remarks against Colonel Qureshi. The FIR was registered under Sections 152, 196(1)(b), and 197(1)(c) of the Bharatiya Nyaya Sanhita (BNS).
The High Court had warned that if the FIR was not registered by the evening of May 14, it might proceed against the Director General of Police for contempt.
On May 15, the High Court criticised the police over the FIR, calling it a "gross subterfuge" and said it would monitor the case without interfering in the investigation. The matter was then posted for hearing on June 16.
The controversy erupted after a video clip of Shah's speech went viral on social media. In his clarification, Shah said his remarks were taken out of context and were meant to praise Colonel Qureshi's bravery.