Legal Storm Over Sofia Qureshi Remarks: Petition Filed in Apex Court Seeks Ouster of Vijay Shah
(Syed Ali Taher Abedi)
Delhi 23-, July, 2025-In a significant legal development, Congress leader Dr. Jaya Thakur has approached the Supreme Court of India with a petition demanding the removal of Bharatiya Janata Party (BJP) leader and minister Kunwar Vijay Shah from his ministerial post. The plea stems from Shah’s controversial remarks directed at Colonel Sofia Qureshi, who rose to national prominence for her role in Operation Sindoor, a military campaign involving the Indian Air Force’s strikes on terrorist infrastructure in Pakistan. The Petition is filed by Advocate Varun Thakur.
Colonel Sofia Qureshi, a decorated officer in the Indian Army, had garnered public attention after she delivered a widely viewed press briefing detailing the success and strategic significance of the operation. Her leadership and presence came to symbolize India’s military resolve and the empowerment of women in the armed forces.
However, Minister Vijay Shah courted controversy following his public statement regarding the operation. Referring to the military action led by Colonel Qureshi, Shah allegedly said:
“Hamari betiyon ke sindoor mitane walon se badla lene ke liye, humne unki behen ko bhej diya aur unki aisi ki taisi kar di.”
(Translation: “To avenge the wiping off of the sindoor of our daughters, we sent their sister to destroy them.”)
This remark, according to Dr. Thakur’s petition, is not only derogatory but also communal in nature, and has the potential to incite disharmony and provoke divisive sentiments, particularly among India’s Muslim community. The plea argues that such statements threaten the constitutional fabric of the nation and undermine its secular and inclusive values.
The petitioner asserts that Shah’s comments constitute a clear violation of the oath of office as prescribed under Article 164(3) of the Constitution of India, which mandates that ministers swear an oath to bear true faith and allegiance to the Constitution and uphold its values.
The petition refers specifically to Form 5 under the Third Schedule of the Constitution, which outlines the prescribed oath or affirmation to be taken by ministers. Dr. Thakur contends that Shah’s remarks are inconsistent with the spirit and letter of this oath, which requires ministers to maintain communal harmony and uphold constitutional morality.
Furthermore, the plea draws support from the Supreme Court’s judgment in the Tehseen Poonawalla case, which addressed the issue of mob lynching and emphasized that communal violence is antithetical to the rule of law. In that case, the apex court had recommended that the Parliament enact a special law to combat lynching and reinforce the importance of legal accountability in maintaining societal order.
Dr. Thakur’s petition highlights that public officials, especially ministers, must exhibit conduct that reflects the dignity of their office and promotes unity among all sections of society. By allegedly making a statement that could inflame religious sentiments, Shah has, according to the petitioner, undermined the constitutional oath and thus forfeited his moral and legal right to continue in office.
Prayer in the Petition:
The petitioner, Dr. Jaya Thakur, has requested the Supreme Court to:
- Direct the immediate removal of Kunwar Vijay Shah from his ministerial position for violating the constitutional oath of office.
- Declare that such remarks made by public functionaries are unconstitutional and against the spirit of national unity and secularism.
- Recommend appropriate guidelines or directions to prevent ministers from making statements that can incite communal or sectarian divides.
The Supreme Court is yet to admit the plea and set a date for hearing.
