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HC closes proceedings against Shah after SC order
HC closes proceedings against Shah after SC order

Time of India

time3 days ago

  • Politics
  • Time of India

HC closes proceedings against Shah after SC order

Bhopal: A division bench of MP high court, which had taken suo motu cognizance of the derogatory comments by tribal affairs minister Vijay Shah against Col Sofiya Qureshi, one of the two faces of Indian armed forces during ' Operation Sindoor ', and asked the DGP to register an FIR against the minister, closed the proceedings in the case following the supreme court directive to this effect. During the hearing of the case on Monday, the bench of Justice Vivek Agarwal and Justice S K Singh formally closed the case. The bench of Justice Arul Sreedharan and Justice Anuradha Shukla taking cognizance of Shah's address at a public function at Raikunda village in Mhow district on MJay 14 had asked that an FIR be lodged against the minister under sections 152 (endangering the sovereignty, unity and integrity of India), 196 (1) (b) (promoting enmity) and 197 (a) (c) (harmful imputations or assertions about certain groups). An FIR was registered against the minister at Manpur police station in Mhow district the same night. Later, hearing a petition of the minister, the supreme court had formed a SIT of three IPS officers to probe the case and present a report to the supreme court. The court, while reprimanding the minister for use of 'shameful' language, however, restrained the police against the minister from taking any coercive action and also asked the MP high court to close the case.

Amit Shah warns BJP leaders, says 'avoid sensitive remarks, don't repeat mistakes'
Amit Shah warns BJP leaders, says 'avoid sensitive remarks, don't repeat mistakes'

India Today

time5 days ago

  • Politics
  • India Today

Amit Shah warns BJP leaders, says 'avoid sensitive remarks, don't repeat mistakes'

Union Home Minister Amit Shah, during his visit to Pachmarhi in Madhya Pradesh, advised BJP leaders to avoid making insensitive statements. Addressing MPs and MLAs at the party's training camp, he stressed that while mistakes can happen once, it must be ensured they are not repeated. He also added that "restraint in speech is the most important virtue" and "mistakes must not be repeated".advertisementShah's comments were seen as a clear message in the context of recent controversial statements made by Madhya Pradesh Minister Vijay Shah and Deputy Chief Minister Jagdish Devda, which had drawn widespread criticism and embarrassment for the BJP BJP's three-day training camp, held from June 14 to 16 in the hill station of Pachmarhi, is aimed at educating the party's elected representatives on the BJP's political journey, ideology and organisational discipline. The camp began with the singing of Vande Mataram, followed by Shah's address to the gathering. The remarks of Vijay Shah against Colonel Sofiya Qureshi, who was part of the Operation Sindoor briefings, and of deputy chief minister Jagdish Devda on how soldiers are 'bowing' at PM Narendra Modi's feet were met with Shah cautioned the leaders to refrain from commenting on sensitive or controversial matters and reminded them that some among them had already made such mistakes in the past. Shah added that indiscipline and loose talk damage both the leader and the party's Minister Bhupendra Singh also addressed the camp and echoed Shah's concerns, saying that a politician's career can be derailed by controversial remarks or inappropriate public conduct. He emphasised the need to remain silent on unnecessary issues to protect both personal and party Watch

The case of an FIR and an angry High Court
The case of an FIR and an angry High Court

The Hindu

time5 days ago

  • Politics
  • The Hindu

The case of an FIR and an angry High Court

On May 14, the Madhya Pradesh High Court directed the State Police to register a First Information Report (FIR) against Cabinet Minister Vijay Shah for making allegedly inflammatory remarks against Indian Army officer, Colonel Sofiya Qureshi. Aghast at the Minister's remarks, the Court directed the police to register an FIR against him for offences under Sections 152, 196(1)(b) and 197(1)(c) of the Bharatiya Nyaya Sanhita, which are related to acts endangering national unity and promoting enmity between groups. Though a criminal case was registered against Mr. Shah on the same date at Raikunda village under the Manpur police station limits in Indore (Rural) district, the Court questioned the manner in which the FIR was written. It said that the FIR was 'deficient in material particulars of the actions which constitute each of the specific offences' and could be 'quashed on a later date'. The Court, therefore, not only directed the police to consider the entire order of May 14 to be read as part of the FIR for all processes, but also decided to monitor the probe so that the police act fairly in accordance with the law without being influenced by any extraneous pressures. Essential ingredients While the law relating to the quashing of an FIR is well settled, so is the law relating to the registration of a cognisable offence. Section 171(1) of the BNS states that 'every information relating to the commission of a cognisable offence', if given orally, will be written, and if communicated electronically, will be taken on record by the officer in charge of a police station. So, information pertaining to commission of a cognisable offence must be written in the FIR. It is common for the police to reproduce the main complaint in the FIR if the complaint is given in writing. Even in a case where preliminary enquiry is conducted into a complaint which does not contain elements of a cognisable offence, the original complaint is reproduced in the FIR along with result of the enquiry. Therefore, though such an FIR may run into pages, the essential elements of an offence are not missed out. It is also prudent to write elements of the cognisable offence in the FIR, which form the basis for application of various sections of the law, because this gives the accused an opportunity to seek bail and apply for other protections under the law. There are many instances where the FIR has been found wanting in the ingredients of a cognisable offence and as a result, relief was provided by the constitutional courts. In Vinod Dua v. Union of India (2021), the Supreme Court, exercising its powers under Article 32 of the Constitution, quashed the FIR holding that 'all the offences set out in the FIR are not made out'. In Arnab Goswami v. the State of Maharashtra (2020), it granted bail to the appellant on the premise that 'a prima facie evaluation of the FIR does not establish the ingredients of the offence of abetment of suicide'. Quashing of an FIR The law relating to the quashing of an FIR is well settled. It is intrinsically entwined with the law relating to the writing of an FIR. High Courts can exercise their inherent powers under Section 528 of the BNS to quash an FIR, to prevent abuse of the process of any Court, or otherwise to secure the ends of justice. However, such powers are to be exercised sparingly and with caution. The Supreme Court, in State of Haryana v. Bhajan Lal (1992), laid down certain guidelines on the circumstances where a High Court can exercise its inherent powers. The first two guidelines under which an FIR can be quashed are relevant to this case. The first guideline says the inherent powers to quash an FIR can be exercised 'where the allegations made in the FIR or the complaint, even if they are taken at face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused'. As per the second guideline, an FIR can be quashed 'where the allegations in the FIR and other material, if any, accompanying the FIR do not disclose a cognisable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.' The Code refers to the erstwhile Criminal Procedure Code, and Section 155 pertains to a non-cognisable offence. Other situations include the allegations made in the FIR along with the evidence collected not disclosing the cognisable offence, the FIR disclosing only a non-cognisable offence, the allegations being absurd and inherently improbable, the offences with express legal bar given in the Code or the Act concerned, and criminal cases manifested with mala fide intentions. In the case under consideration by the M.P. High Court, while referring to the links of the video of the Minister's speech, the FIR states that the 'full order dated 14.05.2025 is enclosed'. Thus, if the FIR is challenged for want of sufficient material disclosing commission of a cognisable offence, the enclosed order of the Court cannot be lost sight of. As per the settled law, the FIR can be quashed only if the Court finds the material deficit after considering the FIR and the enclosed material (the court order in this case) in its entirety. Though it would have been prudent for the police to include relevant parts of the alleged speech which constitute offences mentioned in the FIR, the FIR if read in entirety, is not deficit in the required material. Therefore, the High Court's harsh comments against the police seem unwarranted and premature.

"Mistakes Must Not Be...": Amit Shah On BJP Leader's Controversial Remarks
"Mistakes Must Not Be...": Amit Shah On BJP Leader's Controversial Remarks

NDTV

time5 days ago

  • Politics
  • NDTV

"Mistakes Must Not Be...": Amit Shah On BJP Leader's Controversial Remarks

Union Ministers Amit Shah and Bhupendra Yadav on Saturday cautioned Bharatiya Janata Party (BJP) leaders against making controversial statements, saying "restraint in speech is the most important virtue" and that "sometimes, it is wiser to stay silent". The two ministers were speaking at a three-day BJP training camp in Pachmarhi, a hill station in Madhya Pradesh's Narmadapuram district when they made the remarks. Their remarks came against the backdrop of Madhya Pradesh minister Vijay Shah's comments on Colonel Sofiya Qureshi that sparked an outrage, even as the BJP leader later issued an apology. Colonel Qureshi was part of the team that conducted daily media briefings on Operation Sindoor. "Mistakes happen but they must not be repeated," Mr Shah said in his keynote address, in an apparent reference to the state minister's remarks. "No matter how senior or experienced one becomes, they must always remain a student," he added. State Cabinet Minister Karan Verma said Union Minister Shah's remarks were targeted at Vijay Shah's controversial comments. "He acknowledged that mistakes can happen to anyone, but made it clear that repetition is unacceptable," he said. Mr Yadav said an overreaction and lack of verbal restraint can cause serious reputational damages to a party. "Ninety percent of political harm comes from reacting to everything. Sometimes it is wiser to stay silent," he said. "In politics, restraint in speech is the most important virtue, especially in an era where every word is amplified," he said, urging leaders to think before speaking in public and maintain the dignity of the post they hold. Last month, Vijay Shah came under fire over his remarks on Colonel Qureshi, who gained prominence along with another woman officer, Wing Commander Vyomika Singh, during media briefings on Operation Sindoor. Referring to the Pahalgam terror attack, which claimed 26 lives and resulted in Operation Sindoor, the minister said Prime Minister Narendra Modi had "sent their [terrorists'] sister" - a veiled reference to Colonel Qureshi - aboard a military aircraft to retaliate against those responsible. "They [terrorists] made our sisters widows, so Modi ji sent a sister of their community to strip them and teach them a lesson. "They undressed our Hindu brothers before killing them. We responded by sending their own sister to hit them in their houses," he said, in an apparent reference to Colonel Qureshi. He made the remarks - widely perceived as communal, gendered and derogatory - while addressing a local event in Raikunda village in Indore on May 12. As his comments triggered a nationwide uproar, he said he was ready to apologise "10 times". The Madhya Pradesh High Court, however, rebuked the minister for passing "scurrilous" remarks and using "language of the gutters" against Colonel Qureshi and ordered the registration of a First Information Report (FIR) on grounds of promoting enmity and hatred against him. Subsequently, the state police constituted a three-member Special Investigation Team (SIT) to probe the matter. The minister's remarks also came under criticism of the Supreme Court, which said that individuals occupying constitutional positions should exercise restraint during their speeches. Meanwhile, the Pachmarhi training camp aims to educate both seasoned and newly-elected members on the BJP's history, working culture, and effective use of social media and communication skills. The camp, organised to train public representatives and party functionaries, is being attended by 165 BJP MLAs, 29 Lok Sabha MPs, and seven Rajya Sabha MPs from the state. In a move to ensure complete focus, participants have been directed not to use mobile phones during sessions, except during the scheduled breaks. Defence Minister Rajnath Singh is scheduled to address the closing ceremony of the event.

Amit Shah launches camp for BJP leaders from M.P.; Rajnath Singh, B.L. Santhosh, Shivraj Chouhan to address sessions
Amit Shah launches camp for BJP leaders from M.P.; Rajnath Singh, B.L. Santhosh, Shivraj Chouhan to address sessions

The Hindu

time6 days ago

  • Politics
  • The Hindu

Amit Shah launches camp for BJP leaders from M.P.; Rajnath Singh, B.L. Santhosh, Shivraj Chouhan to address sessions

Senior Bharatiya Janata Party (BJP) leader and Union Home Minister Amit Shah on Saturday inaugurated a three-day training programme for party leaders, including Ministers, MPs and MLAs, from Madhya Pradesh. The training camp, being held in Pachmarhi in Narmadapuram district, was announced in the wake of controversial statements by party leaders, including derogatory remarks by State Minister Vijay Shah against Colonel Sofiya Qureshi, who briefed the media during Operation Sindoor, which drew widespread criticism and the wrath of the Supreme Court. Apart from him, Deputy Chief Minister Jagdish Devda and MLA Narendra Prajapati's remarks about Operation Sindoor and the armed forces had drawn criticism from the Opposition, putting the ruling party on the defensive. The Union Home Minister delivered the inaugural address. 'While Amit Shahji did not specifically talk about any particular leader or issue, he said anyone could make mistakes, but it is important not to repeat those,' an MLA from Bhopal, who is at the camp, told The Hindu. Even as party leaders have termed the three-day event a 'routine programme', sources said the camp is aimed at training leaders in public communication, discipline, and discussing sensitive issues. MPs and MLAs from Madhya Pradesh will remain in Pachmarhi till June 16. Several leaders, including national general secretary (organisation) B.L. Santhosh, joint general secretary (organisation) Shiv Prakash, and Union Minister and former Chief Minister Shivraj Singh Chouhan, are scheduled to address various sessions. Defence Minister Rajnath Singh will address the programme on the last day. A State Minister, who is attending the camp, said the event will also include sessions on the 'history and growth of the BJP' and on its government in the State, from the tenure of former CM Uma Bharti to that of the current CM, Mohan Yadav. 'Discipline, restraint' 'The focus is on discipline and restraint while speaking in public. In the age of social media, anything you say spreads so fast that it becomes a controversy before you get a chance to clarify. So, the main lesson from this event will be to think before you speak because what you say becomes the party's statement in the media and among the masses,' the Minister said. State BJP spokesperson Pankaj Chaturvedi said that such training camps are part of the party's policy. 'The party keeps organising programmes like these for all types of workers, from elected representatives to ground workers, as training and discipline are part of the BJP's policy. This particular event is a high-level programme for elected representatives and senior leaders. A similar event was organised in Ujjain before the 2023 Assembly election,' Mr. Chaturvedi said. He added that the event's agenda is 'much wider' than is being reported by the media. 'The media is only talking about one thing: communication training. It's not just about that. The event focuses on the future needs and emerging situations in politics and how to adapt to those,' he said. Digvijay takes a dig Meanwhile, senior Congress leader and former CM Digvijaya Singh took a dig at the three-day training event, saying that the ruling party leaders are 'being trained in how to commit corruption'. Mr. Chaturvedi hit back, saying that the grand old party 'will not be able to comprehend such programmes as it lacks the culture of discipline and training'.

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