Madhya Pradesh Governor Mangubhai Patel has approved the state Cabinet’s proposal not to grant sanction for the prosecution of Cabinet Minister Kunwar Vijay Shah over his controversial remarks concerning Indian Army officer Colonel Sofiya Qureshi.
The decision was taken late Monday night, hours after the Madhya Pradesh government informed the Supreme Court that the Special Investigation Team investigating the case had completed its probe and that the proposal concerning prosecution sanction was awaiting a decision at the Governor’s level. Tankha, who had appeared for one of the ministers in that litigation, has cited the case while discussing the Vijay Shah matter. The 2004 Supreme Court judgment held that a Governor normally acts on the aid and advice of the Council of Ministers in matters concerning prosecution sanction, but may act independently in exceptional circumstances, including where the Cabinet’s decision is found to be affected by apparent bias, irrationality or non-consideration of relevant material.
Chief Secretary Ashok Barnwal visited Lok Bhawan after the Governor returned to Bhopal on Monday night, according to sources. He indicated that a decision was expected shortly. Later that night, the Governor approved the Cabinet proposal not to grant sanction.
The Cabinet, headed by Chief Minister Mohan Yadav, had taken a decision on August 25 not to grant permission for Shah’s prosecution and the recommendation was subsequently forwarded to the Governor. On August 25, the Madhya Pradesh Cabinet decided against granting sanction and the matter was subsequently sent to Governor Patel. At Monday’s hearing, August 31, the state informed the Supreme Court that the final decision was pending before the Governor.
Additional Solicitor General KM Nataraj, appearing for the Madhya Pradesh government, told the court that the SIT had completed its investigation and that the proposal concerning sanction had been forwarded to the Governor.
The file relating to Shah was subsequently placed before the Governor, who gave his consent to the Cabinet proposal recommending that sanction for prosecution should not be granted.
