Madhya Pradesh High Court: While taking suo motu cognizance based on media reports (Patrika, Dainik Bhaskar, Nayi Duniya — all dated 14-05-2025) and video footage circulating on digital platforms regarding a disparaging speech made by a sitting BJP minister Vijay Shah, against Col. Sofia Quraishi, a senior officer of the Indian Army, a Division Bench of Atul Sreedharan and Anuradha Shukla, JJ., directed the Director General of Police (DGP), Madhya Pradesh, to register an FIR against Minster Vijay Shah by the evening of 14-05-2025, under Sections 152, 196(1)(b), and 197(1)(c) of the Bhartiya Nyaya Sanhita, 2023 (BNS).
Factual Matrix
In the instant matter, during a public function at Raikunda village in Ambedkar Nagar at Mhow, BJP minster Vijay Shah used scurrilous and offensive language against Col. Sofia Quraishi. She, along with Wing Commander Vyomika Singh, was representing the Armed Forces in media briefings related to Operation “Sindoor”, an operation launched by India against Pakistan.
At the event, the minister referred to Col. Quraishi as the ‘sister of the terrorists’ involved in the Pahalgam attack in which 26 Indian civilians were killed. He also made reference to the Prime Minister and stated that Mr. Modi had “sent the sister of the terrorists to sort them out.”
Court’s Analysis
The Court recognised that the armed forces are the last institution in the country still seen as a symbol of “integrity, industry, discipline, sacrifice, selflessness, character, honour and indomitable courage.” The Court described the minister’s comments as “language of the gutters” and “disparaging and dangerous, not just to the officer in question but to the armed forces itself.” The Court stated that such statements are not only derogatory to the individual officer but strike at the core values of the Armed Forces and the idea of India itself.
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Section 152 — Act Endangering Sovereignty, Unity and Integrity of India
The Court noted that Section 152 of the BNS punishes anyone who “excites or attempts to excite secession or armed rebellion or subversive activities” or “encourages feelings of separatist activities or endangers the sovereignty or unity and integrity of India.”
The Court found that “the statement of the minister… 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.” The Court held that the offence under Section 152 of the BNS is prima facie made out.
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Section 196 — Promoting Enmity Between Groups:
The Court noted that Section 196 of the BNS deals with promoting enmity on grounds of religion, race, etc., prejudicial to the maintenance of harmony and specifically, Section 196(1)(b) criminalises acts likely to disturb public tranquillity.
The Court stated that “deriding her by referring to her as the sister of terrorists may be prejudicial to the maintenance of harmony… has the propensity to fuel an impression that irrespective of the selfless duties of a person… they could still be derided only because that person belongs to the Muslim faith.” The Court held that the offence under Section 196(1)(b) of the BNS is also prima facie made out.
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Section 197 — Imputations Prejudicial to National Integration
The Court noted that Clause (c) of Section 197 of teh BNS penalises assertions that cause “disharmony or feelings of enmity or hatred or ill-will” between members of religious or other groups. The Court held “the statement made by Minister Vijay Shah prima facie has the propensity to cause disharmony and feelings of enmity or hatred or ill-will between the members of the Muslim faith and other persons,” and hence, offence under Section 197(1)(c) of the BNS is also made out.
Court’s Direction
The Court directed the DGP, MP, to register an FIR against Minister Vijay Shah by the evening of 14-05-2025, under Sections 152, 196(1)(b), and 197(1)(c) of the BNS. The Court cautioned that non-compliance of the present order may lead to contempt proceedings against the Director General of Police.
The Court directed the Advocate General’s office to transmit the order immediately to the DGP’s office. The Court also instructed the Registrar I.T. of the Court to collect all video links related to the speech made by the minister.
[Court on its Own Motion v. State of M.P., WP-17913-2025, Decided on 14-05-2025]
Advocates who appeared in this case :
Shri Prashant Singh, Advocate General with Shri H.S. Ruprah and Shri Amit Seth, Additional Advocate Generals, Counsel for the Respondent/State