On a politically charged day, the Supreme Court resumed hearings on the controversial Waqf (Amendment) Act 2025 while the BJP scrambled to contain damage from inflammatory remarks made by Madhya Pradesh minister Kunwar Vijay Shah, which sparked public outrage and judicial intervention.

Supreme Court Hearing on Waqf Law

On Thursday, the Supreme Court of India resumed hearing multiple pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A bench led by Chief Justice B R Gavai and Justice Augustine George Masih began examining the provisions of the new law which has generated significant public and political attention.

The hearing comes after the retirement of former CJI Sanjiv Khanna, whose bench had previously signaled concern about certain provisions, especially around the removal of waqf-by-user, representation of non-Muslims on waqf boards, and the expanded powers of district Collectors to reclassify disputed waqf land.

Waqf-by-user refers to land that has been used for Muslim religious or charitable purposes over a long period, which can be deemed waqf even if not formally registered. The 2025 amendment abolishes this concept, potentially impacting the legal status of thousands of properties across the country.

In earlier remarks, former CJI Khanna had said:

“We do not stay a legislation normally at this stage of the challenge unless in exceptional circumstances. This appears to be an exception.”

He had warned that de-notifying waqf-by-user could lead to massive consequences, underscoring the ambiguity and misuse potential of the provision while still acknowledging that genuine cases do exist.

BJP in Firefighting Mode Over Minister’s Remarks

While the judicial focus was on the Waqf law, political focus shifted to Madhya Pradesh, where Tribal Affairs Minister Kunwar Vijay Shah found himself at the center of a raging controversy.

On Wednesday, the Madhya Pradesh High Court ordered an FIR to be filed against Shah after his remarks were seen as targeting Colonel Sofiya Qureshi, a senior Indian Army officer who played a key role in public briefings during the India-Pakistan face-off post the Pahalgam terror attack.

The HC in a suo motu order said that Shah’s comments were “cancerous and dangerous”, potentially encouraging separatist sentiments and endangering the sovereignty and integrity of the nation. A bench of Justices Atul Sreedharan and Anuradha Shukla directed police to file an FIR by Wednesday evening.

BJP Leadership Reacts Swiftly

The backlash was swift and damaging. Within hours, the BJP dispatched a senior leader to Colonel Qureshi’s family home in Chhatarpur, Madhya Pradesh. While the visit was described as a gesture of congratulations, sources confirmed it was a damage control mission to contain fallout.

The BJP is fully aware of the symbolic role played by Colonel Qureshi, a Muslim officer, in delivering daily briefings after the Pahalgam attack. Her selection was deliberate — a clear message from the Modi government that communal narratives would not succeed in dividing the national fabric.

Sources inside the BJP confirmed that Shah’s remarks, made at an event near Mhow on Monday, had already been flagged as irresponsible and inflammatory by Chief Minister Mohan Yadav. Shah was reportedly pulled up that same evening.

A senior BJP leader disclosed:

“This was not Shah’s first lapse. He was explicitly told not to speak publicly about sensitive issues like Operation Sindoor.”

Shah was also summoned to the BJP state headquarters where state general secretary Hitanand Sharma reminded him of party discipline and media sensitivity. Later, BJP state president V D Sharma also reprimanded him privately.

What Shah Said

In his controversial speech, Shah said:

“India taught a lesson to those responsible for the Pahalgam terror attack using a sister from their own community.”

He repeated the statement three times, never directly naming Colonel Qureshi, but the implication was unmistakable. Critics immediately labeled it as an insinuation of communal betrayal.

Faced with growing outrage, Shah attempted to walk back the statement on Tuesday. Emerging from the party office, he declared:

“I was emotional due to the Pahalgam incident. If my words hurt anyone or any community, I apologise. Colonel Qureshi is like a sister and a national pride.”

Despite the apology, the damage was already done, and the Opposition seized the moment, calling Shah’s comments dangerous, divisive, and insulting to the armed forces.

Political Implications

The BJP leadership is reportedly concerned about the optics of the incident, especially in the backdrop of Operation Sindoor and the government's insistence on national unity and communal harmony in response to terrorism.

Political observers note that the party’s swift action — from reprimands to symbolic visits — was a rare and calculated move, indicating the BJP’s high sensitivity to any perceived communal bias, particularly ahead of state elections.

The situation is complicated further by the ongoing Supreme Court scrutiny of the Waqf Act, which already touches on religious and minority rights. The juxtaposition of both issues on the same day has put the BJP’s public messaging and internal discipline under a magnifying glass.

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