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The Supreme Court of India has raised serious concerns over the Gujarat police’s decision to register an FIR against Congress Rajya Sabha parliamentarian Imran Pratapgarhi for posting a poem on social media. The poem, which promotes non-violence, has been at the center of the controversy. The bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan questioned how a piece advocating peace could be the subject of criminal prosecution.
State’s Misinterpretation of the Poem
During the hearing, the court pulled up the Gujarat state for failing to understand the true meaning of the poem. Justice Oka remarked that the high court had not appreciated the poem’s message, emphasizing that it was a work of creativity, and not a call for violence. “Please, see the poem. The high court has not appreciated the meaning of the poem… It’s ultimately a poem,” said Justice Oka.
The bench made it clear that the poem did not target any particular religion or community. Instead, it conveyed a message of peace, underscoring that the poem’s intention was to advocate for non-violence, even in the face of violence.
A Message of Peace, Not Division
The Supreme Court bench further emphasized that the poem’s essence was to promote harmony. “It’s ultimately a poem. It is not against any religion. This poem indirectly says even if somebody indulges in violence, we will not indulge in violence. That’s the message which the poem gives. It is not against any particular community,” the bench reiterated.
The court’s remarks suggest a strong disapproval of the prosecution, questioning the rationale behind filing a case against a piece that aimed to promote unity rather than division.
Kapil Sibal Criticizes Gujarat High Court’s Handling of the Case
Senior advocate Kapil Sibal, representing Pratapgarhi, expressed strong disapproval of the Gujarat high court’s approach to the matter. Sibal stated that the high court had done “violence to the law,” highlighting his concern over the manner in which the case had been handled.
The Supreme Court’s decision to stay any further steps in the case and adjourn the matter by three weeks indicates its intent to ensure that creative expression is given due regard in the legal proceedings.
State’s Reliance on the Poem’s “Tone” for FIR
The FIR filed against Pratapgarhi on January 3, 2025, referred to the poem “Ae khoon ke pyase baat suno,” which was shared in a video clip on Instagram. The FIR invoked various provisions of the Bharatiya Nyay Sanhita (BNS), alleging that the poem promoted enmity between different groups based on religion, race, or other factors.
The Gujarat high court had earlier refused to quash the FIR, citing the need for further investigation. It argued that the poem’s “tone” could have a potentially disturbing effect on social harmony, especially given Pratapgarhi’s status as a parliamentarian. The high court also noted Pratapgarhi’s alleged non-cooperation with the investigation, adding to the complexity of the case.
A Renewed Focus on Freedom of Expression and Artistic Integrity
The Supreme Court’s observations have highlighted the need for careful consideration when prosecuting cases related to artistic and creative expressions. By urging the state to “apply your mind to the poem,” the bench stressed the importance of protecting freedom of speech and creativity.
The case, which continues to generate significant public interest, will be heard again in three weeks, and it is expected that the state may need to reconsider its stance in light of the Supreme Court’s remarks.
Imran Pratapgarhi Receives Interim Relief
In the meantime, the Supreme Court has granted Pratapgarhi interim relief, staying any further steps in the case until the next hearing. This provides the Congress lawmaker with protection from arrest as the legal process unfolds. The court’s intervention has prompted renewed scrutiny of how cases involving freedom of expression are handled by the authorities.
As the matter progresses, the Supreme Court’s continued emphasis on the importance of artistic expression and non-violence will likely influence the trajectory of the case, prompting the Gujarat police and judiciary to reassess their approach to such issues.
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