New Delhi: The Supreme Court on Friday quashed an FIR registered in Gujarat against Congress Rajya Sabha member and poet Imran Pratapgarhi for allegedly disturbing social harmony.
A Supreme Court bench comprising Justices Abhay S. Oka and Ujjal Bhuyan has quashed a complaint against Congress leader Imran Pratapgarhi, finding no merit in allegations that his Instagram video featuring a poem incited unrest and harmed social peace. The court ruled that no criminal offence was committed.
“Even if a large number of persons dislike the views expressed by another, the right of a person to express the views must be respected and protected. Literature, including poetry, drama, films, satire, and art, enriches human life,” observed the Justice Oka-led Bench of the apex court.
After the Gujarat High Court rejected his plea to quash the FIR, Imran Pratapgarhi took his case to the Supreme Court by filing a special leave petition.
On January 21, the Supreme Court, led by Justice Abhay Oka, issued an interim order that protected Pratapgarhi from arrest. The court also issued a notice to the Gujarat government and ordered that no coercive actions be taken against Pratapgarhi based on the FIR.
During the course of the hearing, the apex court raised questions over the registration of an FIR. "Please see the poem. It's ultimately a poem. It is not against any religion. It is not against any particular community. Please apply your mind to the poem," remarked the Justice Oka-led Bench.
A complaint was filed against Imran Pratapgarhi on January 3 at the Jamnagar police station by an advocate's clerk. The complainant alleged that Pratapgarhi's Instagram video featuring a poem incited unrest and harmed social peace.
The Gujarat High Court refused to quash the FIR, stating that as a lawmaker, Pratapgarhi should have acted responsibly and respected the legal process.
Pratapgarhi was asked to specify whether the poem was written by him or sourced from elsewhere, and if so, provide the details of its author.
He claimed the poem was written by either Faiz Ahmed Faiz or Habib Jalib, citing online sources and AI tool ChatGPT to support his statement. However, he couldn't provide a definitive source.
Pratapgarhi argued that the poem promotes love and non-violence, making it harmless and not a criminal act. On the other hand, the prosecution believed that as a parliamentarian, he should have acted with caution to avoid inciting public unrest through social media.
Pratapgarhi was issued a notice by the police on January 4 to appear on January 11, but he failed to comply. The Gujarat High Court dismissed his petition, stressing that his status as a public figure did not excuse his non-cooperation.
The court specifically pointed out two key issues: Pratapgarhi's failure to appear before the authorities and his lack of clarity about the origin of the poem.
(inputs from IANS)