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SC grants Congress lawmaker Imran Pratapgarhi protection from arrest

ByAbraham Thomas
Jan 22, 2025 10:37 AM IST

A bench of justices Abhay S Oka and Ujjal Bhuyan agreed to examine on February 10 Pratapgarhi’s appeal for quashing a case filed against him in Gujarat and sought responses

The Supreme Court has granted protection from arrest to Opposition Congress lawmaker Imran Pratapgarhi in a case registered against him in Gujarat for allegedly promoting communal disharmony through a social media video post.

The court will hear the matter next on February 10. (HT PHOTO)
The court will hear the matter next on February 10. (HT PHOTO)

A bench of justices Abhay S Oka and Ujjal Bhuyan on Tuesday agreed to examine Pratapgarhi’s appeal on February 10 for quashing the case and sought a response from the Gujarat Police and the complainant, Kishanbhai Deepakbhai Nanda.

Pratapgarhi approached the Supreme Court after the Gujarat high court on January 17 dismissed his petition to quash the case, saying the probe into it was at a very nascent stage. The high court said citizens were expected not to disturb communal and social harmony. “...the petitioner, who is an MP [member of Parliament], is expected to behave in a more restricted manner as he is expected to know more about the repercussions...”

On January 3, the Gujarat Police registered a case against him under Bharatiya Nyaya Sanhita sections related to outraging religious feelings (299), making imputations prejudicial to national integration (197), uttering words with deliberate intent to wound religious feelings (302). Pratapgarhi was booked days after his social media team uploaded a video of his visit to a community wedding in Jamnagar on December 29 with a background lyrics: “Ae khoon ke pyaase baat suno...[those thirsting for blood, listen...)”

Senior advocate Kapil Sibal, who appeared for Pratapgarhi, asked: “What have we come to? This court has to say something.” He referred to the lyrics of which umbrage was taken and said that the words do not name any community or mean ill will.

He questioned the high court for dismissing the petition outright at the first hearing without examining the alleged offences. The bench said it had heard the song as it issued notice on Pratapgarhi’s appeal even as nobody appeared for the state.

Pratapgarhi reproduced full lyrics and said no word promotes ill will or disharmony between communities or offends religious sentiments or harms national integration. “The poem is about sacrificing oneself fighting for rights and truth,” his plea said. He called the First Information Report against him a frivolous misinterpretation of the poem and an abuse of the process of law.

Pratapgarhi said the Gujarat Police called him as part of the investigation on January 11 when he was away in Qatar for an official function.

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