‘How can a poem on non-violence be a crime?’ SC slams Gujarat police

The bench underscored that the poem was not against any religion or community and, in fact, conveyed a message of peace

The Supreme Court on Monday raised serious concerns over the Gujarat police’s decision to register a first information report (FIR) against Congress Rajya Sabha parliamentarian Imran Pratapgarhi for posting a poem on social media, questioning how a piece promoting non-violence had become the subject of criminal prosecution.

The court also pulled up the state for failing to appreciate the true meaning of the poem. (HT file photo)

A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan, while hearing Pratapgarhi’s petition challenging the Gujarat high court’s refusal to quash the FIR, also pulled up the state for failing to appreciate the true meaning of the poem.

“Please, see the poem. The high court has not appreciated the meaning of the poem… It’s ultimately a poem,” Justice Oka told advocate Swati Ghildiyal, appearing for the state.

The bench underscored that the poem was not against any religion or community and, in fact, conveyed a message of peace.

“It’s ultimately a poem. It is not against any religion. This poem indirectly says even if somebody indulges in violence, we will not indulge in violence. That’s the message which the poem gives. It is not against any particular community,” the bench emphasised.

Expressing disapproval of the Gujarat high court’s approach, senior advocate Kapil Sibal, representing Pratapgarhi, contended: “The judge has done violence to the law. That is my worry.”

The bench, while adjourning the matter by three weeks at the request of the state’s counsel, underscored the importance of creativity and artistic expression. “Please apply your mind to the poem. After all, creativity is also important,” it observed.

Earlier, the bench had granted interim relief to Pratapgarhi by staying all further steps pursuant to the FIR. The case stems from an Instagram post that featured a video clip with the poem “Ae khoon ke pyase baat suno” in the background.

The FIR, filed in a Jamnagar police station on January 3, invoked various provisions under the Bharatiya Nyay Sanhita (BNS) relating to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to harmony.

The Gujarat high court, on January 17, 2025, refused to quash the FIR, citing the need for further investigation. It pointed to Pratapgarhi’s alleged non-cooperation with the probe and the potential impact of the poem’s references.

“Looking to the tenor of the poem, it certainly indicates something about the throne. The responses received to the said post by other persons also indicate that message was posted in a manner which certainly create disturbance in social harmony,” the high court had stated.

It further asserted that Pratapgarhi, as a member of parliament, was expected to act with greater restraint and awareness of the repercussions of his statements. Additionally, the high court noted that Pratapgarhi had failed to respond to notices issued by the police on January 4 and 15, requiring his presence. The high court justified the continuation of the investigation based on his alleged non-cooperation and referenced past Supreme Court rulings that discourage quashing FIRs at the initial stage of proceedings.

The Supreme Court’s observations have brought renewed scrutiny on the state’s handling of the case, particularly its decision to prosecute a poem advocating non-violence. The case is now set to be heard in three weeks, with the state expected to revisit its stance in light of the apex court’s pointed remarks.