SC quashes FIR filed on January 3, 2025, against Congress MP Imran Pratapgarhi over his ‘provocative’ social media post

State: Applicable Across India

Year: 2025

Date: January 3, 2025

Source:

Lawfare – General, Others

In a major relief to Congress Rajya Sabha MP Imran Pratapgarhi, the Supreme Court on Friday quashed the FIR and criminal proceedings initiated by the Gujarat police against him over his social media post featuring the poem “Ae Khoon Ke Pyase Baat Suno.”
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The case began when a resident of Jamnagar filed an FIR against Pratapgarhi, alleging that his social media post, which included a provocative song, was “detrimental to national integrity and hurt religious sentiments.”
Pratapgarhi moved the Gujarat High Court to quash the FIR, arguing that the poem spread a message of love and non-violence. However, the Gujarat High Court refused to quash the FIR, stating that further investigation was needed and accusing Pratapgarhi of not cooperating with the investigation process.
Subsequently, Pratapgarhi approached the Supreme Court for relief.
The FIR, registered on January 3, 2024, accused Pratapgarhi of promoting enmity between different groups based on religion, race, and other charges related to national integration. Pratapgarhi vehemently denied the allegations.

Lawfare

Updated On: March 3, 2025

FIR against Congress MP on the basis of poem a serious action by Gujarat Police: Supreme Court

A bench of Justices Abhay S. Oka and Ujjal Bhuyan outlined the importance of preserving the fundamental right of freedom of speech and expression under Article 19 (1) (a) of the Constitution

The Supreme Court on Monday (March 3, 2025) asked how a poem by Congress MP Imran Pratapgarhi, which plainly translates to the “suffering of injustice with love”, stirred the Gujarat Police into registering a criminal case against him on the charge of promoting enmity among people of different groups on the basis of caste and religion.

A Bench of Justices A.S. Oka and Ujjal Bhuyan said the poem was a reference to non-violence, a path followed by Mahatma Gandhi himself.

Solicitor General Tushar Mehta, for the State of Gujarat, said the poem was at best “sadak chaap” (cheap) and not a Faiz. He objected to the comparison with Mahatma Gandhi.

Source:

https://www.thehindu.com/news/national/freedom-of-speech-has-to-be-understood-by-police-supreme-court-reserves-verdict-on-congress-mp-plea/article69285361.ece#:~:text=The%20Supreme%20Court%20on%20Monday%20%28March%203%2C%202025%29,groups%20on%20the%20basis%20of%20caste%20and%20religion.