- Madhya Pradesh Governor approved Cabinet's proposal to deny prosecution sanction for Kunwar Vijay Shah
- The case relates to remarks made by Shah at a public programme in Mhow in May 2025
- Congress delegation to meet Governor seeking prosecution sanction against him again
Madhya Pradesh Governor Mangubhai Patel has approved the state Cabinet's proposal not to grant sanction for the prosecution of Cabinet Minister Kunwar Vijay Shah over his controversial remarks concerning Indian Army officer Colonel Sofiya Qureshi.
The decision was taken late Monday night, hours after the Madhya Pradesh government informed the Supreme Court that the Special Investigation Team investigating the case had completed its probe and that the proposal concerning prosecution sanction was awaiting a decision at the Governor's level.
According to sources, Chief Secretary Ashok Barnwal visited Lok Bhawan after the Governor returned to Bhopal on Monday night. The file relating to Shah was subsequently placed before the Governor, who gave his consent to the Cabinet proposal recommending that sanction for prosecution should not be granted.
The Cabinet, headed by Chief Minister Mohan Yadav, had taken a decision on August 25 not to grant permission for Shah's prosecution and the recommendation was subsequently forwarded to the Governor.
The Governor's decision came on the same day that the matter was heard by a Supreme Court bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.
Additional Solicitor General KM Nataraj, appearing for the Madhya Pradesh government, told the court that the SIT had completed its investigation and that the proposal concerning sanction had been forwarded to the Governor. He indicated that a decision was expected shortly.
During the hearing, the Supreme Court sought to know the next step after a decision on sanction.
The SIT officer present in court informed the bench that if sanction were granted, a chargesheet would be filed. If sanctions were refused, the investigating agency would file a closure report. The court then adjourned the matter to await the decision of the competent authority.
Shah has approached the Supreme Court challenging the Madhya Pradesh High Court's suo motu proceedings and its direction to register an FIR against him over the remarks.
Senior advocate Maninder Singh, appearing for Shah, also submitted before the Supreme Court on Monday that the minister had apologised after the remarks and requested that his representation and apology be considered by the sanctioning authority. The Chief Justice did not express any view on the request.
The case relates to remarks made by Shah at a public programme in the Mhow area in May 2025. His comments were understood to refer to Colonel Sofiya Qureshi, who, along with Wing Commander Vyomika Singh and Foreign Secretary Vikram Misri, had briefed the media during Operation Sindoor.
The Madhya Pradesh High Court took suo motu cognisance of the remarks on May 14, 2025 and directed the police to register an FIR. A case was subsequently registered at Manpur police station in Indore district. The following day, the High Court expressed dissatisfaction with the manner in which the FIR had been drafted and said it would monitor the investigation.
Shah subsequently moved the Supreme Court.
On May 19, 2025, the Supreme Court granted him interim protection from arrest but directed the formation of a three-member Special Investigation Team comprising senior IPS officers to investigate the case. Shah was directed to cooperate with the investigation. The SIT later completed its investigation and sought sanction to prosecute Shah under Section 196 of the Bharatiya Nyaya Sanhita. The report and the request for sanction had been before the state authorities since August 19, 2025.
On January 19, 2026, the Supreme Court questioned the delay and directed the Madhya Pradesh government to take a decision on the SIT's request. The court noted that the government had been in possession of the SIT report since August 2025.
The issue returned to the Supreme Court on May 8, 2026, when the bench again sought a decision from the state government on prosecution sanction.
On August 25, the Madhya Pradesh Cabinet decided against granting sanction and the matter was subsequently sent to Governor Patel. At Monday's hearing, August 31, the state informed the Supreme Court that the final decision was pending before the Governor. Later that night, the Governor approved the Cabinet proposal not to grant sanction.
Meanwhile, a delegation of Congress MLAs led by Leader of the Opposition Umang Singhar is scheduled to meet the Governor over the issue. Singhar had earlier written to the Governor seeking sanction for prosecution against Shah.
Rajya Sabha MP and senior advocate Vivek Tankha has referred to an earlier Madhya Pradesh case concerning prosecution sanction against ministers. The precedent relates to former ministers Rajendra Kumar Singh. In that case, the Council of Ministers had refused sanction for prosecution while the Governor subsequently granted it. The Madhya Pradesh High Court initially ruled against the Governor's decision, but the Supreme Court, on November 5, 2004, set aside the High Court judgments and upheld the sanction granted by the Governor.
Tankha, who had appeared for one of the ministers in that litigation, has cited the case while discussing the Vijay Shah matter. The 2004 Supreme Court judgment held that a Governor normally acts on the aid and advice of the Council of Ministers in matters concerning prosecution sanction, but may act independently in exceptional circumstances, including where the Cabinet's decision is found to be affected by apparent bias, irrationality or non-consideration of relevant material.
