New Delhi, March 28 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.
Pronouncing its verdict, a bench of Justices Abhay S. Oka and Ujjal Bhuyan said that no criminal offence was made out and allowed Pratapgarhi’s plea to quash the complaint alleging that a video posted by the Congress leader on Instagram, which featured a poem, was inciting unrest and harming social peace.
“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 had turned down Pratapgarhi's plea to quash the FIR, he moved a special leave petition before the Supreme Court.
In an interim order passed on January 21, the Justice Oka-led Bench shielded Pratapgarhi from arrest as it issued a notice to the Gujarat government in the matter, and also, in the meantime, ordered that no coercive steps should be taken against the petitioner in any manner on the basis of the impugned 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.
The complaint against Imran Pratapgarhi dates back to January 3, when a complaint was filed at the Jamnagar police station by an advocate’s clerk. The complainant alleged that a video posted by Pratapgarhi on Instagram, which featured a poem, was inciting unrest and harming social peace.
Refusing to quash the FIR, the Gujarat HC stated that as a lawmaker, the Congress leader should have acted responsibly and respected the legal process. It further directed him to submit an affidavit clarifying the origin of the poem used in the video.
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 told the High Court that the poem in question was either written by the renowned poets Faiz Ahmed Faiz or Habib Jalib. He stated that he had found the poem through online sources, including Internet forums and chat rooms, but could not provide a definitive source.
He presented screenshots from an AI tool (ChatGPT) to support his claims. He argued that the poem, which promotes love and non-violence, was harmless and did not constitute a criminal act. However, the prosecution disagreed, asserting that as a parliamentarian, he had a responsibility to act with caution and not to incite public unrest through social media.
The police had issued a notice to Imran Pratapgarhi on January 4, asking him to appear on January 11, but he failed to cooperate with the investigation.
The Gujarat High Court highlighted that Imran Pratapgarhi's action could not be defended simply based on his status as a public figure. His failure to appear before the authorities and his lack of clarity about the origin of the poem were key factors in turning down his petition. The Gujarat HC ultimately dismissed Pratapgarhi’s plea, reinforcing that lawmakers must uphold the law and act responsibly.
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