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SC Questions FIR Against Imran Pratapgarhi Over Poem

Imran Pratapgarhi

A SC Bench on Monday questioned a case against the poet-turned politician Imran Pratapgarhi over a poem posted on social media.  

A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, while hearing a petition filed by the Congress MP challenging the Gujarat High Court’s refusal to quash the FIR, observed that the police has not appreciated the true meaning of the poem.

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Justice Oka told Advocate Swati Ghildiyal, who was appearing for the State: “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,”

Senior Advocate Kapil Sibal, who was representing Pratapgarhi,said: “The judge has done violence to the law. That is my worry.”

Justice Oka, before adjourning the matter, said, addressing the State’s counsel: “Please apply your mind to the poem. After all, creativity is also important.” The bench adjourned the matter for three weeks after the state government’s counsel sought more time. Last month, the apex Court paused any action against  Pratapgarhi in the case.

The FIR was filed over an Instagram post featuring a 46- second video clip with the poem “Ae khoon ke pyase baat suno” running in the background. According to NDTV, The Congress MP had been charged under multiple sections, including those linked to promoting enmity and assertions prejudicial to national integration.

According to Live Law, The Gujarat High Court, on January 17, 2025, refused to quash the FIR, emphasizing the need for further investigation and citing Pratapgarhi’s non-cooperation with the investigation process as a factor in its decision. 

The HC had said: “Looking to the tenor of the poem, it certainly indicates something about the throne. The responses received to the said post by other persons also indicate that message was posted in a manner which certainly create disturbance in social harmony. It is expected from any citizen of India that he should behave in a manner where the communal harmony or social harmony should not be disturbed and the petitioner, who is a Member of Parliament, is expected to behave in some more restricted manner as he is expected to know more about the repercussions of such post”, the HC stated.

 

 

 

 

 

 

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