The Supreme Court has reserved its verdict on Congress Rajya Sabha MP and poet Imran Pratapgarhi’s petition against an FIR registered in Gujarat. A bench of Justice Abhay S Oka and Justice Ujjwal Bhuiyan heard arguments from all parties before reserving the decision.
The court criticized the Gujarat Police for lacking sensitivity and failing to understand the essence of freedom of expression. Justice Oka said that even after 75 years of the Constitution, the police must recognize creative rights. He pointed out that the poem in question urges people to respond to injustice with love, not violence.
Solicitor General Tushar Mehta, representing the state, objected, calling it a “street poem.” Senior advocate Kapil Sibal, appearing for Imran Pratapgarhi FIR case, argued that criticism through poetry is not unlawful. Earlier, the Supreme Court had questioned the Gujarat High Court’s interpretation of the poem and its refusal to quash the FIR.
The Gujarat High Court ruled that the investigation was at an early stage and refused to use its powers under Section 528 of the Indian Civil Defense Code 2023 or Article 226 of the Constitution. It dismissed Pratapgarhi’s plea, stating that as an MP, he should act responsibly and respect legal procedures.
The case stems from a video shared by Pratapgarhi after a mass marriage event in Jamnagar. A complaint filed on February 3 alleged that his poem disturbed social harmony. The FIR was registered under IPC Sections 196 and 197. The Supreme Court will now decide on the matter.
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