Remarks targeting Col Qureshi: SC questions MP minister, will hear his plea on Friday
New Delhi (PTI): Every word uttered by a minister has to be with a sense of responsibility at a time the country is undergoing "such a situation", the Supreme Court said on Thursday as it reprimanded Madhya Pradesh's Vijay Shah who is facing an FIR for his remarks targeting Col Sofiya Qureshi.
"What sort of statements are you making? You are a responsible minister of the government," Chief Justice of India B R Gavai told Shah. The bench, also comprising Justice Augustine George Masih, will on Friday hear Shah's plea challenging the Madhya Pradesh High Court's May 14 order directing an FIR against him for the comments.
"When this country is undergoing such a situation, every sentence or word uttered by a responsible minister has to be with a sense of responsibility," the CJI told Shah's counsel.
"Persons holding such a constitutional office are expected to exercise a degree of restraint," the bench observed.
Senior advocate Vibha Datta Makhija, appearing for Shah, mentioned the matter for urgent listing and said the high court had taken suo motu cognisance and asked for registration of an FIR.
Makhija said the petitioner, the state's tribal affairs minister, has expressed remorse.
"It was a statement which was misunderstood as well. That I can justify to your lordships," she said. "He (Shah) never meant what is being made out by the media," she added.
"Now the FIR is already registered," the bench said.
The senior counsel said the petitioner was seeking a stay on the FIR because he was not heard by the high court.
"I (Shah) am just praying that till I am heard, no action be taken," Makhija said.
The bench asked why the petitioner had not moved the high court seeking relief.
"Merely because somebody is a minister, should we entertain it," the bench asked, adding, "Go and apply before the high court."
When Makhija urged the apex court to see the high court's order, the bench said, "We will have it tomorrow."
In the meanwhile, the senior counsel said, no further action be taken against Shah.
She said the matter was listed for hearing before the high court today.
"Nothing is likely to happen in 24 hours," the bench said, adding that the petitioner can inform the high court that the matter is listed for hearing in the apex court on Friday.
Shah hit the headlines after a video, which was distributed widely, showed him allegedly making objectionable remarks against Col Qureshi, who gained nationwide prominence along with another woman officer, Wing Commander Vyomika Singh, during media briefings on Operation Sindoor last week.
The Madhya Pradesh High Court castigated Shah for passing "scurrilous" remarks and using "language of the gutters" against Col Qureshi, and ordered the police to file an FIR against him on the charge of promoting enmity and hatred.
"On the basis of what has been observed herein above, this court directs the Director General of Police of Madhya Pradesh to register forthwith an FIR against minister Vijay Shah for offences under sections 152, 196(1)(b) and 197(1)(c) of the BNS (Bharatiya Nyaya Sanhita)," the high court said.
After drawing severe condemnation, the MP minister said he is ready to apologise 10 times if anyone is hurt by his statement and that he respects Col Qureshi more than his sister.
An FIR was registered against Shah in Indore district on Wednesday night following the high court's order, an official said.
The FIR was registered under sections 152 (acts endangering the sovereignty, unity and integrity of India), 196 (1)(b) (promoting enmity between different groups on grounds of religion, race, language, or other similar characteristics) and 197(1)(c) (statement or action that causes or is likely to cause disharmony, enmity, or hatred between different groups) of the BNS.
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SC sets aside MP HC order mandating 3-year legal practice for judicial recruitment
New Delhi (PTI): The Supreme Court on Tuesday set aside a Madhya Pradesh High Court ruling which made three-year legal practice mandatory to be eligible for the civil judge's post.
A bench of Justices P S Narasimha and Atul S Chandurkar allowed the appeal filed by Madhya Pradesh High Court challenging the ruling of its division bench.
Advocate Ashwani Kumar Dubey, appearing for the high court, argued that a re-exam was "unconstitutional, impractical" and would floodgates of litigation.
The top court last year stayed the high court order stalling recruitment for the post of civil judges carried out without the mandatory requirement of three years of practice.
The Madhya Pradesh Judicial Services Rules, 1994 were amended on June 23, 2023, to make three years of practice compulsory to be eligible to appear for the civil judge entry-level test in the state.
The amended rules were upheld by the high court, but it started another round of litigation after two unselected candidates claimed being eligible once amended rules were applied while demanding the review of the cut-off.
While restraining the recruitment to the post, the high court directed the exclusion of successful candidates in the preliminary examination not fulfilling the eligibility criteria under the amended recruitment rules.
The top court was hearing an appeal filed by the Madhya Pradesh High Court challenging the June 13, 2024 order passed by its division bench directing it to weed out or exclude all those successful candidates in the preliminary examination held on January 14, 2024, who did not fulfil the eligibility criteria under the amended rules.
