New Delhi:
Madhya Pradesh Governor Mangubhai Patel has accepted the state Cupboard’s proposal to not grant sanction for the prosecution of Cupboard Minister Kunwar Vijay Shah over his controversial remarks regarding Indian Military officer Colonel Sofiya Qureshi.
The choice was taken late Monday evening, hours after the Madhya Pradesh authorities knowledgeable the Supreme Courtroom that the Particular Investigation Workforce investigating the case had accomplished its probe and that the proposal regarding prosecution sanction was awaiting a choice on the Governor’s stage.
In keeping with sources, Chief Secretary Ashok Barnwal visited Lok Bhawan after the Governor returned to Bhopal on Monday evening. The file referring to Shah was subsequently positioned earlier than the Governor, who gave his consent to the Cupboard proposal recommending that sanction for prosecution shouldn’t be granted.
The Cupboard, headed by Chief Minister Mohan Yadav, had taken a choice on August 25 to not grant permission for Shah’s prosecution and the advice was subsequently forwarded to the Governor.
The Governor’s determination got here on the identical day that the matter was heard by a Supreme Courtroom bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.
Extra Solicitor Normal KM Nataraj, showing for the Madhya Pradesh authorities, informed the courtroom that the SIT had accomplished its investigation and that the proposal regarding sanction had been forwarded to the Governor. He indicated {that a} determination was anticipated shortly.
Through the listening to, the Supreme Courtroom sought to know the following step after a choice on sanction.
The SIT officer current in courtroom knowledgeable the bench that if sanction have been granted, a chargesheet could be filed. If sanctions have been refused, the investigating company would file a closure report. The courtroom then adjourned the matter to await the choice of the competent authority.
Shah has approached the Supreme Courtroom difficult the Madhya Pradesh Excessive Courtroom’s suo motu proceedings and its path to register an FIR in opposition to him over the remarks.
Senior advocate Maninder Singh, showing for Shah, additionally submitted earlier than the Supreme Courtroom on Monday that the minister had apologised after the remarks and requested that his illustration and apology be thought-about by the sanctioning authority. The Chief Justice didn’t specific any view on the request.
The case pertains to remarks made by Shah at a public programme within the Mhow space in Might 2025. His feedback have been understood to check with Colonel Sofiya Qureshi, who, together with Wing Commander Vyomika Singh and International Secretary Vikram Misri, had briefed the media throughout Operation Sindoor.
The Madhya Pradesh Excessive Courtroom took suo motu cognisance of the remarks on Might 14, 2025 and directed the police to register an FIR. A case was subsequently registered at Manpur police station in Indore district. The next day, the Excessive Courtroom expressed dissatisfaction with the way during which the FIR had been drafted and mentioned it might monitor the investigation.
Shah subsequently moved the Supreme Courtroom.
On Might 19, 2025, the Supreme Courtroom granted him interim safety from arrest however directed the formation of a three-member Particular Investigation Workforce comprising senior IPS officers to research the case. Shah was directed to cooperate with the investigation. The SIT later accomplished its investigation and sought sanction to prosecute Shah underneath Part 196 of the Bharatiya Nyaya Sanhita. The report and the request for sanction had been earlier than the state authorities since August 19, 2025.
On January 19, 2026, the Supreme Courtroom questioned the delay and directed the Madhya Pradesh authorities to take a choice on the SIT’s request. The courtroom famous that the federal government had been in possession of the SIT report since August 2025.
The problem returned to the Supreme Courtroom on Might 8, 2026, when the bench once more sought a choice from the state authorities on prosecution sanction.
On August 25, the Madhya Pradesh Cupboard determined in opposition to granting sanction and the matter was subsequently despatched to Governor Patel. At Monday’s listening to, August 31, the state knowledgeable the Supreme Courtroom that the ultimate determination was pending earlier than the Governor. Later that evening, the Governor accepted the Cupboard proposal to not grant sanction.
In the meantime, a delegation of Congress MLAs led by Chief of the Opposition Umang Singhar is scheduled to satisfy the Governor over the problem. Singhar had earlier written to the Governor in search of sanction for prosecution in opposition to Shah.
Rajya Sabha MP and senior advocate Vivek Tankha has referred to an earlier Madhya Pradesh case regarding prosecution sanction in opposition to ministers. The precedent pertains to former ministers Rajendra Kumar Singh. In that case, the Council of Ministers had refused sanction for prosecution whereas the Governor subsequently granted it. The Madhya Pradesh Excessive Courtroom initially dominated in opposition to the Governor’s determination, however the Supreme Courtroom, on November 5, 2004, put aside the Excessive Courtroom judgments and upheld the sanction granted by the Governor.
Tankha, who had appeared for one of many ministers in that litigation, has cited the case whereas discussing the Vijay Shah matter. The 2004 Supreme Courtroom judgment held {that a} Governor usually acts on the help and recommendation of the Council of Ministers in issues regarding prosecution sanction, however might act independently in distinctive circumstances, together with the place the Cupboard’s determination is discovered to be affected by obvious bias, irrationality or non-consideration of related materials.
