Supreme Court Rejects Plea To Remove Vijay Shah As Minister For Comments On Col Sofiya Qureshi; Asks SIT To Examine Alleged Incidents

The Supreme Court today refused to entertain Congress Leader Dr Jaya Thakur's plea seeking removal of BJP Minister Kunwar Vijay Shah from ministerial position over his 'sister of terrorists' remark on Colonel Sofiya Qureshi.

The Court however asked the Special Investigation Team constituted in terms of its orders to look into the incidents highlighted by Thakur in her petition and submit a comprehensive report.

A bench of Justices Surya Kant and Joymalya Bagchi heard the matter and conveyed to the senior counsel appearing for the petitioner, "don't file this kind of petition before us".

In response, the senior counsel explained that the petition was filed before the Court as related matters were already pending before it. Subsequently, he sought leave to withdraw, with liberty to approach the appropriate forum.

Accordingly, the bench disposed of the case. "You know very well what is the remedy and where you should go", said Justice Kant to the senior counsel.

Be that as it may, the bench asked the SIT to examine certain past instances involving Shah, that were mentioned in the petition. "This petition we are not entertaining, but what the petition discloses...about some past instances of this gentleman, we would like the SIT to look into those instances also and your report must be comprehensive on those as well. Just simple copy, we are disposing of otherwise", said Justice Kant.

It may be recalled that Colonel Sofiya Qureshi became the face of 'Operation Sindoor' after she gave press briefings about the military operations carried out by Indian Air Force against Pakistani terrorist sites in the wake of Pahalgam Terror Attack. However, Shah courted controversy by saying at an event, "Jinhone humari betiyon ke sindoor ujade the… humne unhiki behen bhej kar ke unki aisi ki taisi karwayi" [Translation: Those people (terrorists) who had wiped out the sindoor (vermilion) of our sisters (in the Pahalgam terror attack)...we avenged these people by sending their sister to destroy them].

While the Supreme Court was considering two petitions filed by Shah in connection with Madhya Pradesh High Court suo motu taking cognizance and ordering registration of an FIR against him, Jaya Thakur filed the present petition under Article 32 of the Constitution seeking Shah's removal from ministerial position on the ground that he violated the oath taken under Article 164(3) of the Constitution.

Notably, the third schedule of the Constitution lays down forms of oaths or affirmations to be made by those holding constitutional offices.

As per the petition, the statement made by Shah ignites separatist feelings amongst the Muslim community and threatens the unity of India.

"The statement of the minister that Col. Sofia Quraishi is the sister of the terrorist who carried out the attack at Pahalgam encourages feelings of separatist activities by imputing separatist feeling to anyone who is Muslim, which thereby endangers the sovereignty or unity and integrity of India. That speech is directly violated the oath prescribe under schedule 3 of the Constitution of India."

Further, the statement was violative of Form V under Schedule 3, which provides :

"I, A.B., do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, [that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the State of ..........and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will."

The petition stressed that Shah's conduct was violative of the Supreme Court's decision in Tehseen Poonawalla where it was held that hate crimes and communal violence are antithetical to the rule of law and constitutional morality. In Poonawalla's case, the Court also recommended that the Parliament may create a special law against lynching, asserting that “fear of law and veneration for the command of law constitute the foundation of a civilised society”.

Case Title: JAYA THAKUR Versus THE STATE OF MADHYA PRADESH AND ORS., W.P.(C) No. 697/2025 

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