Supreme Court notice to Centre on plea challenging immediate arrest under SC/ST law
New Delhi, Sep 7: The Supreme Court on Friday issued notice to the Centre on three pleas challenging the recent amendment to the SC/ST (Prevention of Atrocities) Act, restoring the provision mandating immediate arrest in the event of a complaint.
A bench of Justices A.K. Sikri and Ashok Bhushan sought the Centre's response to the pleas but refused to stay the amended law.
"We can't stay without hearing the other side," the bench told the petitioners. The matter has been posted for the next hearing after six weeks.
The petitioners -- lawyers Prathvi Raj Chauhan, Priya Sharma and an NGO -- have challenged the amendment made in the just concluded monsoon session of Parliament by which the lawmakers nullified an apex court verdict removing the provision for immediate arrest.
The pleas said the fresh amendments were violative of the fundamental rights to equality, life and liberty.
Comparing the recent amendment with the one brought by the then Prime Minister Rajiv Gandhi's government to overturn the top court verdict in Shah Bano case, the petitioner lawyers have described the provision to arrest as "arbitrary" as this would be misused against innocent people.
In the Shah Bano case, the top court had awarded maintenance to the divorced Muslim woman, but the then government brought an amendment to overturn the judgment holding that it was an infringement of the Muslim Personal Law.
The petitioners have contended that the government brought the amendment under pressure from alliance partners and for political mileage and the fear of antagonising a huge vote-bank ahead of the next year's Lok Sabha elections.
It says the government plea seeking the recall of the apex court order is still pending with the top court.
The Supreme Court had ruled on March 20 that the police should hold an inquiry to ascertain the veracity of any complaint filed under the Act before acting on it.
The court had said that it was providing for the safeguard "in view of acknowledged abuse of law of arrest" under the Act.
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MP minister's veiled remark on Col Sofia Qureshi sparks major row; he apologises, Cong seeks ouster
Bhopal/Indore, May 13 (PTI): Madhya Pradesh Minister and BJP leader Vijay Shah has sparked a major controversy with objectionable comments that appeared to be directed at Col Sofia Qureshi, whom he tried to project as a "sister of terrorists."
Under severe flak, Shah said if anyone is hurt by his statement, he is ready to apologise ten times, adding that he respects Colonel Qureshi more than his sister.
The Congress has appealed to Prime Minister Narendra Modi to sack Shah from the Madhya Pradesh cabinet.
Colonel Qureshi had conducted regular press briefings, sharing details of the 'Operation Sindoor' launched by Indian armed forces to strike terrorists, joined by Foreign Secretary Vikram Misri and Wing Commander Vyomika Singh.
"Those people (terrorists) who had wiped out the sindoor (vermilion) of our sisters (in the Pahalgam terror attack)..We avenged these 'kate-pite' people by sending their sister to destroy them," Shah said.
"They (terrorists) killed our Hindu brothers by making them remove their clothes. PM Modi ji responded by sending their (terrorists') sister in an Army plane to strike them in their houses. They (terrorists) made our sisters widows, so Modiji sent the sister of their community to strip them and teach them a lesson", the BJP leader said while addressing a gathering in Ramkunda village near Indore.
He said, "Revenge was taken for the honour of our country (India), respect, and for the (slain) husbands of our sisters by sending a sister from your (terrorists') community to Pakistan".
The tribal welfare minister clarified that his remarks should not be construed otherwise.
Shah's remarks drew wide-scale condemnation, with Congress demanding his immediate dismissal from the MP cabinet.
Congress President Mallikarjun Kharge said Shah, who made 'derogatory' remarks in reference to Colonel Sofia Qureshi, should be dismissed immediately.
"A minister of the BJP government of Madhya Pradesh has made a very derogatory, shameful and cheap remark about our brave daughter Colonel Sofia Qureshi. The terrorists of Pahalgam wanted to divide the country, but the country was united during the entire 'Operation Sindoor' to give a befitting reply to the terrorists," Kharge posted on X.
He alleged that the BJP-RSS harbours an anti-women mentality.
"First, the wife of the naval officer martyred in Pahalgam was trolled on social media, then the daughter of Foreign Secretary Vikram Misri was harassed, and now the BJP ministers are making such indecent comments about our brave woman Sophia Qureshi," Kharge said and appealed to PM Modi to immediately sack Shah.
Madhya Pradesh Congress president Jitu Patwari shared the video of Shah on X and asked whether the BJP agrees with the minister's "low thinking"?
The MP Congress Committee alleged that Shah's "indecent' and hate-filled" statement is not just a personal attack, but an open attack on India's military dignity, national unity, and women's honour.
Amid the raging controversy, the BJP's Madhya Pradesh general secretary Hitanand Sharma summoned Shah to the state headquarters in Bhopal.
According to sources, Sharma reprimanded the minister, who also met the state BJP president, Vishnu Dutt Sharma.
Speaking to reporters, Shah sought to attribute the intemperate remarks to his "disturbed" state of mind in view of the brutal killing of innocent people in Pahalgam by terrorists.
He claimed many members of his family have a military background and many were martyred.
"Sister Sophia has brought glory to India by rising above caste and religion. She is more respected than our own sister. I salute her for her service to the nation.
"We cannot even think of insulting her in our dreams. Still, if my words have hurt society and religion, then I am ready to apologise ten times,'' he added.
Meanwhile, Congress leader Manoj Shukla and the party workers blackened the nameplate of Shah at his bungalow and raised slogans seeking his resignation.
'हमारी सेना की जांबाज बेटियां आतंकवादियों की बहन हैं'
— Congress (@INCIndia) May 13, 2025
- ये घटिया बात मध्य प्रदेश में BJP सरकार के मंत्री विजय शाह ने कही है।
भारत की जिन बेटियों पर सबको नाज है, उन बेटियों को लेकर ये शर्मनाक बयान दिया गया है। उन्हें आतंकवादियों की बहन बताया गया है।
ये हमारी पराक्रमी सेना का… pic.twitter.com/y591M3ky8G
