Bhopal (Madhya Pradesh): The clause under which the SIT sought approval from the government for the prosecution of the minister, Vijay Shah, provides for three years of jail and the imposition of a fine.
The SIT has sought approval for prosecution under section 196 (1) (a) of the Bharatiya Nyaya Sanhita (BNS) 2023.
According to the BNS, it is necessary to take permission from the government to prosecute a public servant under clause 217 of the Bharatiya Nagarik Suraksha Sanhita.
This is the reason that the application seeking approval for prosecution has been lying with the government for five months. In a statement, Shah termed Colonel Sofiya Qureshi as the sister of the terrorists. The statement kicked up a row across the country.
During the hearing of a petition over the issue, the high court directed the state government to register a case against Shah. When the issue reached the Supreme Court, it stopped the HC order and set up an SIT to probe the case.
According to sources, the SIT concluded that Shah was at fault by issuing such a statement. SIT also said that nobody had lodged any complaint against Shah over the issue.
But the statements of those who were present at the event in which Shah made the remark and the speeches of Shah afterwards indicated that the comments were of Shah.
The Supreme Court will hear the case again on February 9. In the hearing held on January 19, the SC gave two weeks to take a decision on the approval for prosecution. The government was also told to put up its decision before the court on February 2.
What’s clause 196 (1) (a)?
SIT has sought permission from the government for prosecuting Vijay Shah under the clause 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS).
Section 196(1)(a) of the BNS, 2023, criminalises using spoken/written words, signs, or electronic communication to promote, or attempt to promote, disharmony, hatred, or ill-will between different religious, racial, language, regional groups, or castes. This provision (formerly IPC 153A) aims to protect public tranquility, with violations punishable by up to three years imprisonment, a fine, or both.
CM, Khandelwal discuss issue
Chief Minister Mohan Yadav and BJP’s state president Hemant Khandelwal discussed the matter together with other issues on Wednesday.
