MP HC quashes FIR against teacher for sharing Urdu poem on WhatsApp

The Madhya Pradesh High Court quashed an FIR against Betul government school teacher Faizan Ansari, booked for posting a video recitation of Urdu poem 'Be-haya' on WhatsApp. Justice B.P. Sharma ruled it a "satirical and thought-provoking commentary on the issue of human rights violations against women," finding no evidence of intent to incite hatred or disrupt order.

"Criminal liability for speech-related offences cannot be imposed merely on the basis of subjective perceptions or speculative apprehensions, but must be founded on clear and proximate evidence of incitement or tendency to disrupt public order," the court observed, dismissing charges under BNS Section 353(2) filed at Chicholi police station.

Ansari shared the Shoaib Kiani nazm—widely circulated and praised at literary events—on 22 July 2025 at 10:15 am, without commentary. Police seized his phone after complaints alleging communal disharmony.

The order noted: "The Urdu poem written by Shoaib Kaini which was uploaded on the WhatsApp status (DP) by the petitioner and poem relates to the condition and sarcastic take on human rights, abuse of the women in Pakistan or any other country." No material showed hatred, violence, or public disturbance linked to the post, shared by thousands online.

"There is no material whatsoever to indicate that the petitioner intended to promote hatred or incite violence, nor is there any evidence of actual disturbance of public order attributable to the act of the petitioner," Justice Sharma added, criticising the FIR's silence on intent.