Madhya Pradesh Minister Vijay Shah's remarks against Col Sofiya Qureshi: An FIR and an angry High Court

On May 14, the Madhya Pradesh High Court directed the State Police to register a First Information Report (FIR) against Cabinet Minister Vijay Shah for making allegedly inflammatory remarks against Indian Army officer, Colonel Sofiya Qureshi. Aghast at the Minister's remarks, the Court directed the police to register an FIR against him for offences under Sections 152, 196(1)(b) and 197(1)(c) of the Bharatiya Nyaya Sanhita, which are related to acts endangering national unity and promoting enmity between groups.

- GNS News Agency, June 24

Though a criminal case was registered against Mr. Shah on the same date at Raikunda village under the Manpur police station limits in Indore (Rural) district, the Court questioned the manner in which the FIR was written. It said that the FIR was “deficient in material particulars of the actions which constitute each of the specific offences” and could be “quashed on a later date”. The Court, therefore, not only directed the police to consider the entire order of May 14 to be read as part of the FIR for all processes, but also decided to monitor the probe so that the police act fairly in accordance with the law without being influenced by any extraneous pressures. While the law relating to the quashing of an FIR is well settled, so is the law relating to the registration of a cognisable offence. Section 171(1) of the BNS states that “every information relating to the commission of a cognisable offence”, if given orally, will be written, and if communicated electronically, will be taken on record by the officer in charge of a police station. So, information pertaining to commission of a cognisable offence must be written in the FIR.