Supreme Court Dismisses Gujarat Police FIR Against Congress MP Imran Pratapgarhi
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Synopsis
The Supreme Court has annulled a Gujarat police FIR against Congress MP Imran Pratapgarhi, stating that the allegations of disturbing social harmony through poetry do not constitute a criminal offense. The court emphasized the importance of freedom of expression and the value of literature in society.
Key Takeaways
- Supreme Court quashes FIR against Imran Pratapgarhi.
- Court upholds freedom of expression.
- Poem shared on Instagram deemed non-inciting.
- Gujarat High Court's earlier ruling was overturned.
- Importance of responsible behavior by lawmakers highlighted.
New Delhi, March 28 (NationPress) The Supreme Court on Friday dismissed an FIR filed in Gujarat against Congress Rajya Sabha member and poet Imran Pratapgarhi for purportedly disrupting social harmony.
Delivering its judgement, a bench comprising Justices Abhay S. Oka and Ujjal Bhuyan indicated that no criminal offense was established and accepted Pratapgarhi’s request to nullify the complaint claiming that a video he shared on Instagram, which included a poem, was inciting unrest and jeopardizing social peace.
“Even if many individuals disagree with another's views, the right of an individual to express those views should be acknowledged and safeguarded. Literature, including poetry, drama, films, satire, and art, enhances human experience,” remarked the Justice Oka-led bench of the apex court.
After the Gujarat High Court declined Pratapgarhi's request to dismiss the FIR, he escalated the matter to the Supreme Court.
In a preliminary ruling on January 21, the Justice Oka-led bench protected Pratapgarhi from arrest while issuing a notice to the Gujarat government, simultaneously instructing that no coercive measures should be taken against the petitioner based on the contested FIR.
During the hearing, the apex court expressed doubts regarding the FIR registration, stating, "Please review the poem. It is, after all, a poem. It does not target any religion or specific community. Please consider the poem with care,” commented the Justice Oka-led bench.
The complaint against Imran Pratapgarhi originated on January 3 when an advocate’s clerk filed a report at the Jamnagar police station. The complainant argued that a video posted by Pratapgarhi on Instagram, showcasing a poem, was inciting unrest and undermining social harmony.
Rejecting the dismissal of the FIR, the Gujarat High Court asserted that as a lawmaker, the Congress leader should act responsibly and adhere to the legal process. It also mandated him to present an affidavit clarifying the source of the poem featured in the video.
Pratapgarhi was instructed to indicate whether the poem was authored by him or obtained from another source, and if so, to provide the author's details.
He informed the High Court that the poem in question was either penned by the renowned poets Faiz Ahmed Faiz or Habib Jalib. He claimed to have discovered the poem through online platforms, including internet forums and chat rooms, but could not pinpoint a definitive source.
He shared screenshots from an AI tool (ChatGPT) to substantiate his claims. He contended that the poem, which advocates love and non-violence, was innocuous and did not amount to a criminal act. However, the prosecution countered, arguing that as a parliamentarian, he bore a duty to act judiciously and avoid inciting public unrest through social media.
The police issued a notice to Imran Pratapgarhi on January 4, requiring his presence on January 11, but he did not cooperate with the investigation.
The Gujarat High Court emphasized that Imran Pratapgarhi's actions could not be justified solely based on his status as a public figure. His failure to appear before authorities and his ambiguity regarding the poem's origin were pivotal in rejecting his petition. Ultimately, the Gujarat High Court dismissed Pratapgarhi’s appeal, reinforcing that lawmakers must adhere to the law and act responsibly.
