BHOPAL/JABALPUR: Madhya Pradesh high court Thursday expressed strong displeasure over the FIR registered by police against minister Vijay Shah for his ‘gutter language’ comment on Colonel Sofiya Qureshi . Calling it ‘gross subterfuge ’ by the state, HC said it will now monitor the investigation.
The division bench of Justices Atul Shreedharan and Anuradha Shukla pointed out that the FIR doesn’t mention a word on the offence of the suspect.
“This FIR has been registered in such a manner leaving sufficient space open so that if it is challenged under erstwhile section 482 of CrPC (section 528 BNSS), the same may be quashed because it is deficient in material particulars of the actions which constitutes each of the specific offences. This is gross subterfuge on the part of the state. The FIR has been drawn in a manner so as to assist the suspect Vijay Shah to be able to have the FIR quashed on a later date,” the court said.
The judges said at this juncture, they wouldn’t try to find out who in the police chain of command was responsible for this ‘clumsy attempt’, but in future proceedings they would do so. “In order to ensure that the said subterfuge is nipped in the bud, this court directs that the entire order shall be read as part of paragraph 12 of the FIR for all judicial, quasi-judicial and investigating processes henceforth,” HC said.
HC Wednesday had taken suo motu cognisance of media reports on Shah’s ‘scurrilous’ comments on Col Qureshi and ordered the state DGP to file an FIR against the minister under BNS sections 152 (act endangering sovereignty, unity and integrity of India), 196 (1) (b) (promoting enmity), and 197 (a) (c) (harmful imputations or assertions about certain groups).
The FIR was filed at Manpur police station in Mhow at 11.27pm, nearly five and a half hours past the 6pm deadline set by HC, but without any mention of what led HC to order the FIR. The judges noted that the last paragraph of HC’s Wednesday order has been reproduced in the FIR but it “does not have a whisper of the earlier part of the order, which lays down in detail, the actions of the suspect and how they constitute an offence under each of the sections mentioned therein”.
“This court has examined paragraph-12 of the FIR, which must necessarily lay down the ingredients of the offence by connecting it to the act of the offender. The FIR is brief. Having gone through the FIR in its entirety, there is not a single mention of the actions of the suspect, which would satisfy the ingredients of the offences which have been registered against him,” HC said Thursday.
“The manner in which the FIR has been registered doesn’t inspire confidence of the court,” the judges said, adding HC would monitor the probe “in the interest of justice” without interfering with independence of the investigating agency. HC said in view of the nature of the case and the manner in which the FIR has been filed, the court is of the opinion that if the case is not duly monitored, “police would not investigate fairly in the interest of justice in accordance with law”. The next hearing is on June 16.
The division bench of Justices Atul Shreedharan and Anuradha Shukla pointed out that the FIR doesn’t mention a word on the offence of the suspect.
“This FIR has been registered in such a manner leaving sufficient space open so that if it is challenged under erstwhile section 482 of CrPC (section 528 BNSS), the same may be quashed because it is deficient in material particulars of the actions which constitutes each of the specific offences. This is gross subterfuge on the part of the state. The FIR has been drawn in a manner so as to assist the suspect Vijay Shah to be able to have the FIR quashed on a later date,” the court said.
The judges said at this juncture, they wouldn’t try to find out who in the police chain of command was responsible for this ‘clumsy attempt’, but in future proceedings they would do so. “In order to ensure that the said subterfuge is nipped in the bud, this court directs that the entire order shall be read as part of paragraph 12 of the FIR for all judicial, quasi-judicial and investigating processes henceforth,” HC said.
HC Wednesday had taken suo motu cognisance of media reports on Shah’s ‘scurrilous’ comments on Col Qureshi and ordered the state DGP to file an FIR against the minister under BNS sections 152 (act endangering sovereignty, unity and integrity of India), 196 (1) (b) (promoting enmity), and 197 (a) (c) (harmful imputations or assertions about certain groups).
The FIR was filed at Manpur police station in Mhow at 11.27pm, nearly five and a half hours past the 6pm deadline set by HC, but without any mention of what led HC to order the FIR. The judges noted that the last paragraph of HC’s Wednesday order has been reproduced in the FIR but it “does not have a whisper of the earlier part of the order, which lays down in detail, the actions of the suspect and how they constitute an offence under each of the sections mentioned therein”.
“This court has examined paragraph-12 of the FIR, which must necessarily lay down the ingredients of the offence by connecting it to the act of the offender. The FIR is brief. Having gone through the FIR in its entirety, there is not a single mention of the actions of the suspect, which would satisfy the ingredients of the offences which have been registered against him,” HC said Thursday.
“The manner in which the FIR has been registered doesn’t inspire confidence of the court,” the judges said, adding HC would monitor the probe “in the interest of justice” without interfering with independence of the investigating agency. HC said in view of the nature of the case and the manner in which the FIR has been filed, the court is of the opinion that if the case is not duly monitored, “police would not investigate fairly in the interest of justice in accordance with law”. The next hearing is on June 16.
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