SC extends its order staying MP minister’s arrest, closes HC trial

THe sublime margaret court on wed extended its lag prescribe staying the arrest of BJP minister Kunwar Vijay Shah in connection with a case registered by the Madhya Pradesh police over his “sister of terrorists” remark targeting Colonel Sofiya Qureshi.A bench of Justices Surya Kant and Dipankar Datta also directed the Madhya Pradesh high court to close the suo motu proceedings related to the same case pending before it, since the apex court is now hearing the matter.The court issued the direction after Solicitor General of India, Tushar Mehta, who appeared for the Madhya Pradesh government, informed the bench that in compliance with its earlier order, a Special Investigation Team (SIT) comprising three officers had been constituted to investigate the case against Shah and its probe was currently underway.The court also took on record a status report filed by the Deputy Inspector General of Police, Bhopal, which stated that the SIT had visited the site and begun its investigation on May 21. The report also said that the SIT had seized further material, including a transcript of Shah’s speech and some mobile phones, and that it had begun recording statements of witnesses. Since its investigation is still at a preliminary stage, the SIT sought additional time.The court agreed and posted the matter for further hearing after regular hearings resume in mid-July this year. It directed the SIT to continue its probe in the meanwhile and also to submit a fresh status report on the next date of hearing.On May 19 this year, the Supreme Court took exception to Shah’s communal comments targetting Colonel Qureshi. It rejected the apology offered by Shah and directed the state police, which had until then dragged its feet over investigating the case despite being ordered to do so by the high court, to constitute the SIT to probe the case against the minister. At the time it restrained the police from arresting Shah until further orders.The court passed the order on a petition filed by Shah against the Madhya Pradesh high court order of May 14 that took suo motu cognisance of his remarks and ordered the police to register a first information report (FIR) against him.The FIR against Shah was filed under sections 152 (an act endangering sovereignty, unity and integrity of India), 196(1) (an act which is prejudicial to maintenance of harmony between different religious, racial, language or regional groups or castes or communities and which disturbs or is likely to disturb public tranquillity) and 197 (1) (c) (causing disharmony or feelings of enmity) of the Bharatiya Nyaya Sanhita at the Manpur police station in Indore rural.Shah’s case has become especially controversial given the inertia displayed by the police in investigating his clearly communal comments, something that is in stark contrast to the alacrity displayed by the Haryana police in arresting a professor at a private university after his Facebook post was misinterpreted by two BJP members, including the head of the state women’s body, who then complained about it.