The Madhya Pradesh High Court on Thursday ordered a court-monitored investigation in the case against state minister Kunwar Vijay Shah over his remarks on Colonel Sofiya Qureshi.
Noting that the FIR drafted by the Indore police did not "inspire the confidence of this court", a division bench of Justices Atul Sreedharan and Anuradha Shukla directed that the probe be carried out under its monitoring.
"In view of the nature of the case and the manner in which the FIR has been registered, which does not inspire the confidence of this court…Police should investigate fairly in accordance with the law. Under these circumstances, the court feels compelled to ensure that it monitors the investigation without interfering in the independence of the investigating agency. But only to the extent of monitoring,” The Indian Express quoted Justice Sreedharan as observing orally.
Notably, the court had on Wednesday directed the police to register an FIR against the Tribal Affairs minister of Madhya Pradesh. The directions from the court came over his remarks referring to Colonel Sofiya Qureshi, who was part of the daily briefings during India’s military face-off with Pakistan, wherein he alluded to her as “a sister of terrorists” who carried out the Pahalgam attack.
Terming the minister's remark as “cancerous and dangerous”, the High Court directed the Indore police to register an FIR in the matter against him by Wednesday evening. On perusal of a copy of an FIR, the court found that it only mentioned the directions of the court and not the ingredients describing the minister’s act that constitutes an offence.
Justice Sreedharan began the hearing by asking Advocate General Prashant Singh, “Where are the allegations constituting the offences in the FIR? It has been drafted in such a way that it can be quashed. If not by this court, then the Supreme Court on the plea that nothing is there in the FIR.”
"An FIR can be quashed where the ingredients and the contents of paragraph 12, which provides the description of the actions of the accused which constitute an offence, has not been reproduced in this particular paragraph,” he added.
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