The Supreme Court of India reserved its judgment on Monday, March 3, on a petition filed by Congress Rajya Sabha MP Imran Pratapgarhi, which seeks to quash an FIR lodged by the Gujarat Police. The FIR was registered in response to a poem Pratapgarhi posted on social media, which led to accusations of promoting anti-national sentiments.
The bench, including Justice Abhay S Oka and Justice Ujjal Bhuyan, noted that Pratapgarhi’s poem “ae khoon ke pyase baat suno” conveyed a message of non-violence and criticized the police for their insensitivity in handling the case. “This actually promotes non-violence. It has nothing to do with religion; this has nothing to do with any anti-national activity. Police have shown a lack of sensitivity,” Justice Oka remarked during the proceedings.
Solicitor General of India, Tushar Mehta, representing the state of Gujarat, argued that the poem might be interpreted differently by the public. However, Justice Oka clarified that the poem advocates for enduring injustice with love, highlighting its peaceful message.
Pratapgarhi, known for his contributions as an Urdu poet, found support in senior advocate Kapil Sibal, who argued on his behalf. Sibal pressed the court to acknowledge the misinterpretation of the poem by the police and the judiciary, citing a lack of appreciation for its true meaning by the Gujarat High Court.
The top court had previously expressed skepticism about the FIR during a prior hearing, suggesting that both the police and the High Court failed to grasp the poem’s intended message. The Supreme Court had granted interim relief to Pratapgarhi by halting all proceedings related to the FIR, emphasizing the need to protect freedom of speech.
