Supreme Court Questions Delay in Sanction for Prosecuting Kunwar Vijay Shah Over Remarks on Col. Sofiya Qureshi

On Monday, the Supreme Court was updated on the status of the investigation into remarks made by Madhya Pradesh minister Kunwar Vijay Shah concerning Colonel Sofiya Qureshi. The Special Investigation Team (SIT) has concluded its investigation, but the authority to prosecute Shah is still pending approval from the competent authority, with a recommendation from the state government awaiting the Governor’s decision. This was discussed in the case of Kunwar Vijay Shah vs The High Court of Madhya Pradesh and Anr.

The bench, comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, has deferred the matter for a future date, emphasizing that a chargesheet can only be submitted once the necessary sanction is granted. The Court’s order indicated, “The report states that the investigation is complete and the report has been kept in sealed cover. However, the issue of sanction is still pending consideration before the competent authority.” The Court further clarified that once sanction is granted, the chargesheet should be filed in the appropriate court.

During the proceedings, Senior Advocate Maninder Singh, representing Shah, noted that his client had issued a public apology the day following the controversial remarks and urged the Court to consider this apology. In response, CJI Kant acknowledged that the investigation report must eventually be reviewed by the competent authority for a decision on the sanction.

Justice Bagchi commented, “Let the Governor take a call,” while CJI Kant inquired of Additional Solicitor General (ASG) KM Nataraj about the state’s plan should the sanction be denied. ASG Nataraj replied that a closure report would then have to be filed, adding that the sanction issue was “still pending consideration” and “would be considered.”

The controversy arose when Shah, at a public event in Ambedkar Nagar (Mhow), made remarks perceived as a reference to Col. Qureshi, who was one of the Army officers briefing the media during Operation Sindoor, India’s response to the April 2025 Pahalgam terror attack. His statement, “Those who widowed our daughters, we sent a sister of their own to teach them a lesson,” was reportedly aimed at Col. Qureshi.

On May 14, 2025, the Madhya Pradesh High Court took suo motu cognizance of Shah’s comments, directing a criminal case be registered. Shah subsequently petitioned the Supreme Court, which on May 19, 2025, provided interim protection from arrest while expressing strong disapproval of his statements. The SIT was then established to investigate the allegations.

At a hearing on July 28, 2025, the Court expressed skepticism over Shah’s intentions after his counsel presented an “online” apology rather than the public apology previously mandated by the Court. This led the Bench to question the sincerity of his apology.

The SIT has since recorded statements from 27 individuals and completed its investigation within the required 90-day timeframe. On May 8, 2026, the Court admonished the state government for the delay in granting sanction. As the SIT’s report is now finalized but sanction is pending, the case hinges on whether the Governor will approve or deny the sanction to prosecute Shah.