Bhopal (Madhya Pradesh): SIT has sought permission to prosecute Tribal Welfare Minister Vijay Shah for his comments on Colonel Sofiya Qureshi.
The state government plans to save Shah. The home department will put up a proposal for not giving permission to prosecute Shah before the cabinet on Tuesday.
After the cabinet approves the proposal, the government will send it to the governor.
The Supreme Court will hear the case on August 31. Once the governor approves the proposal, the home department will submit an affidavit in the apex court, saying that the government turns down the SIT's demand for approval to prosecute Shah in connection with the case.
SIT has sought approval for prosecuting Shah under section 196(1)(a) of the Bharatiya Nyay Sanhita (BNS).
According to section 217 of the BNS, taking the government's permission remains obligatory to prosecute any public servant.
STF's application seeking permission for prosecuting Shah has been pending with the government for one year.
During a hearing of the case on January 19, the SC gave two weeks' time to the government to take a decision over the issue. Afterwards, hearing over the matter continued to delay.
Govt nod to prosecute Shah would have forced him to quit
The state government's plan to bring the proposal before the cabinet for not giving approval to prosecute Vijay Shah may save his cabinet berth. Or else, the prosecution would have forced him to resign from the ministry.
Shah called Colonel Sofiya the sister of terrorists. Shah's comment kicked up a row across the country, and the high court took notice of it. Afterwards, Shah filed a petition in the Supreme Court, which is hearing the case.
Even if govt does not give nod for prosecution, case will continue
Even if the government does not give a nod for prosecuting Vijay Shah, the case will continue.
According to legal experts, the case will remain pending, and whenever Shah remains out of the ministry, SIT may prosecute him. Then the agency will not require anybody's permission.
Provision for three years' imprisonment
Section 196(1)(a) of the BNS, under which the SIT has sought permission for prosecuting Vijay Shah, provides for three years' imprisonment and imposition of a fine.
The section is used against the person who spreads hatred and inequality among races, religious communities, regional groups, and castes.
