For the BJP, Vijay Shah stands above the Constitution, Supreme Court, Army, and the dignity of women
Jaswinder Singh
THE BJP’s façade of patriotism is repeatedly shattered, and the party stands exposed time and again; yet, it persists in singing the same tune. As the English writer Samuel Johnson famously said, “Patriotism is the last refuge of the scoundrel.” The BJP’s conduct consistently proves this adage true.
A fresh move by the BJP government in Madhya Pradesh, led by Dr. Mohan Yadav, has reopened old wounds. Readers may recall that following a terrorist attack in Pahalgam, the central government launched strikes on terrorist hideouts in Pakistan under the banner of ‘Operation Sindoor.’ The situation had nearly escalated into a full-blown war before a ceasefire was abruptly announced. Peace-loving citizens had barely breathed a sigh of relief when US President Donald Trump claimed credit for halting the conflict, asserting that he had forced both nations to stop through threats. Although the opposition raised this issue in Parliament in response to Trump’s repeated claims, neither the Modi government nor the Prime Minister has ever refuted his assertion.
The BJP sought to leverage the strikes to incite communal polarisation by framing them as a fitting response to terrorism. Just as this narrative was gaining traction, Vijay Shah—a minister in the Madhya Pradesh BJP government—made an objectionable remark about Colonel Sophia Qureshi, calling her the “sister of terrorists.” This incident had two dangerous implications. First, it was an attempt to communalise the Indian Army, an institution that is fundamentally neutral regarding religion and gender; it was a conspiracy to sow communal division among the public and a failed attempt to divert attention from Trump’s claims. Second, the remark was a blatant display of the BJP’s ‘Manuvadi’ mindset, which permits derogatory comments against women.
Despite this statement, the BJP and its government remained silent. No BJP leader or minister even attempted to distance the party from the remarks by dismissing them as Vijay Shah’s personal opinion. Taking suo motu cognisance of the matter and viewing it seriously, the Jabalpur High Court condemned the BJP government of Madhya Pradesh and directed that action be taken against the minister. Although an FIR was registered against Vijay Shah to avoid legal proceedings, the High Court was further incensed upon seeing the contents of that FIR. Criticising both the government and the Director General of Police (DGP), the Court remarked that the FIR had been drafted with the intention of shielding Vijay Shah rather than initiating legal action against him; the High Court subsequently ordered that the FIR be rectified.
Faced with the High Court’s stern stance, Vijay Shah approached the Supreme Court. The Supreme Court granted him relief by staying his immediate arrest, thereby ending his period as a fugitive. About a month later, he began appearing at public events. This development unfolded against the backdrop of a statement by Rajnath Singh, who had remarked that there was no tradition of resignation within the BJP government. Vijay Shah also demonstrated how a minister could remain a fugitive for a month while still being surrounded by an official entourage.
Vijay Shah’s lawyers argued before the Supreme Court that their client had apologised four times. Observing the videos of his apologies, the Court remarked that the apologies did not appear to be sincere or heartfelt; rather, they seemed to have been offered solely out of fear of legal consequences. The Court emphasised that individuals holding public office must maintain decorum in their language and conduct. Additionally, the Supreme Court directed the state government to constitute a Special Investigation Team (SIT) to investigate the entire incident.
Although the state government was compelled to constitute an investigative team comprising three senior police officers, doubts regarding the impartiality of any potential report arose from the very beginning due to the close proximity of the team’s members to Vijay Shah. Throughout this period, the BJP and the Dr. Mohan Yadav government stood firmly by Vijay Shah. While the opposition demanded his resignation, the BJP flatly rejected the call. Inside the Legislative Assembly, the opposition even refused to hear his responses to questions; yet, the BJP dismissed the demand for his resignation as absurd. Notably, neither the BJP as a whole nor the central government—including the Prime Minister—condemned Vijay Shah or clarified that his views were personal and unrelated to the party or the government. It was evident that Vijay Shah was articulating the BJP’s own stance.
In the Supreme Court, the government kept deferring action by citing the ongoing probe by the special investigative team, maintaining that further steps would be taken only after the report was submitted. Since the team had been constituted under the Supreme Court’s supervision, it was required to submit periodic progress reports to the Court. Recently, the team informed the Supreme Court that the investigation was complete and the report had been handed over to the state government, with further action pending the government’s approval. The Supreme Court had granted the state government a two-week period to make a decision regarding the report.
Having had the ball tossed into its court by the investigative team—which was essentially trying to shield itself—the state government could not afford to remain silent for long; it had to reach a decision within the Supreme Court’s two-week deadline. The Mohan Yadav government took this decision in a highly dramatic fashion during a cabinet meeting on August 25. During the meeting, all bureaucrats except five senior officials were asked to leave the room; Vijay Shah, too, was excluded from the proceedings. Emerging after 45 minutes, Public Works Minister Rakesh Singh announced that the government had decided against granting permission to register a case against Vijay Shah. The Minister argued that since Vijay Shah had apologised four times, the idea of filing a case against him was unjustified. Ironically, he was relying on the very apologies that the Supreme Court had previously dismissed, stating they were not sincere and were merely offered to evade legal consequences and punishment.
The proposal denying permission to prosecute Vijay Shah was sent to the Governor for approval. Initially, the Governor expressed surprise as to why the proposal had been sent to him. However, Governor Mangu Bhai Patel likely consulted “seniors or the high command” later; it is even possible he received direct instructions from above. Regardless, the Governor ultimately endorsed the state government’s decision.
This has not only exposed the BJP’s hollow patriotism but also demonstrated that the Constitution, the law, and the judiciary hold no significance in their eyes. Ever since the Ram Janmabhoomi-Babri Masjid dispute, the BJP and the Sangh Parivar have maintained that the courts cannot adjudicate matters of faith.
This stance persists even though the Supreme Court has already ruled—in the Madhya Pradesh Special Police Establishment and Subramanian Swamy cases—that the provision for prosecution sanction cannot serve as a shield for anyone, and that deferring a decision due to political pressure violates Article 14. Furthermore, under Articles 129 and 215, apex courts are “Courts of Record,” and failure to comply with their judgments constitutes contempt of court.
Yet, for the BJP, Vijay Shah is the priority. The Constitution, the law, and the judiciary matter only until the Manusmriti—authored by Manu Maharaj—is fully implemented. Patriotism and respect for the armed forces have served as a protective shield and will continue to do so; otherwise, what would become of people like Swatantra Bhardwaj?


