SC awaits Guv’s call on MP minister’s prosecution for Op Sindoor remarks against Colonel
Supreme Court Puts MP Minister's Prosecution on Hold Pending Governor's Sanction Call
Bharatmorning.com – The apex court on Monday chose to wait for the Madhya Pradesh governor to make a final determination on whether sanction should be granted to prosecute state minister Kunwar Vijay Shah, whose controversial remarks about Colonel Sofiya Qureshi during Operation Sindoor triggered a chain of legal proceedings stretching back to August 2025. The bench effectively paused the matter for another fortnight, instructing the investigating agency to lodge its completed report with the appropriate trial court the instant the governor's office issues its decision.
A Three-Judge Bench Closes the Loop on Procedure
Chief Justice Surya Kant, presiding over a divisional bench that also included Justices Joymalya Bagchi and V Mohana, addressed the special investigation team (SIT) that had finished its inquiry into the minister. The justices made clear that the sealed investigative report already sits in the court's custody, but that it cannot be formally entered into the record until the statutory precondition of gubernatorial sanction is satisfied.
"The investigation of the SIT is complete and a report has been placed before us in a sealed cover as sanction of the governor is awaited. It is directed that as soon as sanction is granted, the report will be filed before the competent court."
The bench then posted the case for two weeks, signalling that no further hearings will occur until the executive branch resolves the sanction question.
How the Case Reached the Top Court
The present proceedings arose from Shah's challenge to an order of the Madhya Pradesh High Court. That court had taken suo motu notice of remarks Shah made at a public address in Indore, in which he described Colonel Qureshi — widely regarded as the public face of India's Operation Sindoor campaign against Pakistan — as the "sister of terrorists." The High Court directed registration of a First Information Report against the minister, prompting his appeal to the Supreme Court.
Senior advocate Maninder Singh, who briefed the bench on Shah's behalf, stressed that the minister recognised his gaffe almost immediately. According to Singh, Shah offered an apology the very next day after the Indore speech. By the time of the present hearing, Shah had issued what was described as his fourth public apology, underscoring the minister's repeated attempts to defuse the controversy before it escalated further through the courts.
The Sanction Mechanism Under BNSS 2023
The SIT, represented in court by Deputy Inspector General Kalyan Chakraborty, explained that sanction under section 217(1) of the Bharatiya Nagarik Suraksha Samhita, 2023 (BNSS) is a mandatory precondition before any trial court can take cognizance of offences allegedly committed by a minister. Without that executive green light, the investigation, however thorough, cannot translate into a formal charge-sheet or trial.
DIG Chakraborty urged the bench to accept the SIT's final report into the court record immediately. The justices declined, explaining that only the competent trial court possesses jurisdiction to consider and act upon the investigative findings. The SIT was thus instructed to hold the report in readiness and file it at the moment the sanction arrives.
A Timeline of Delays
The procedural history reveals a prolonged wait. The SIT had informed the court in January that its request for sanction had been sitting with the state government since August 2025, the month the team submitted its completed report to the Madhya Pradesh administration. Following that disclosure, the court had already granted the state two weeks in January to reach a final call. The present Monday hearing represented the follow-up to that earlier deadline, and the state's counsel indicated the decision was still outstanding.
Additional Solicitor General KM Nataraj, appearing for the state government, told the bench that the sanction request had been forwarded to the governor's office and that a response was anticipated within a day or two. No definitive timeline was committed to by the state, leaving the court with no option but to post the matter again.
Broader Implications
The episode sits at the intersection of ministerial privilege, military reputation, and post-conflict public discourse. Operation Sindoor, India's military operation against Pakistan, elevated Colonel Qureshi to national prominence, and remarks perceived as dismissive of her role have drawn sustained public and judicial attention. The fact that a three-member SIT was constituted to investigate a single public speech underscores the gravity with which the state treated the alleged insult.
For observers of Indian constitutional practice, the case also illustrates the practical friction between the BNSS sanction requirement and judicial timelines. A completed investigation can remain in limbo for months if the executive delays its decision, effectively granting the accused an extended period of procedural immunity. The Supreme Court's insistence that the sealed report stay untouched until sanction is granted reinforces the statutory hierarchy while leaving the minister in a state of suspended legal jeopardy.
Should the governor ultimately grant sanction, the SIT's report will move swiftly to the trial court, and Shah will face formal charges. Should the governor decline, the investigation will close without trial. Either way, the next two weeks will determine whether a minister's offhand remark at an Indore rally ends in a courtroom or in a file drawer in the governor's office.
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