'Provocative' song row: SC questions Gujarat Police over FIR against Cong MP
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Congress Rajya Sabha MP and poet Imran Pratapgarhi.
New Delhi: The Supreme Court on Monday questioned the Gujarat government over an FIR registered against Congress Rajya Sabha MP and poet Imran Pratapgarhi for allegedly disturbing social harmony. The case originates from a complaint filed on January 3, 2025, at Jamnagar police station by an advocate’s clerk, who alleged that a video posted by Pratapgarhi on Instagram featuring a poem incited unrest and disrupted social peace.
A Bench comprising Justices Abhay S Oka and Ujjal Bhuyan, while hearing the matter, remarked, "Please see the poem. It's ultimately a poem. It is not against any religion. It is not against any particular community. Please apply your mind to the poem," as it adjourned the hearing for three weeks at the request of the Gujarat government’s counsel.
Earlier, on January 21, the same Bench had granted interim relief to Pratapgarhi, shielding him from arrest while issuing a notice to the Gujarat government. The court had also directed that no coercive steps be taken against him based on the FIR until further orders.
The Gujarat High Court had earlier refused to quash the FIR against Pratapgarhi, stating that as a lawmaker, he must act responsibly and respect the legal process. The court directed him to submit an affidavit clarifying the origin of the poem featured in the video, asking him to specify whether he authored it or had sourced it from elsewhere, and to provide details of its author if applicable.
During the Gujarat High Court hearing, Pratapgarhi claimed the poem was written by renowned poets Faiz Ahmed Faiz or Habib Jalib. He stated that he had discovered it online through internet forums and chat rooms but could not provide a definitive source. To support his claim, he presented screenshots from an AI tool (ChatGPT), arguing that the poem, which promotes love and non-violence, was harmless and did not constitute a criminal offense.
The prosecution, however, contested this argument, asserting that as a Parliamentarian, Pratapgarhi had a responsibility to act with caution and ensure that his social media activity did not contribute to public unrest.
The police had issued a notice to Pratapgarhi on January 4, summoning him for questioning on January 11. However, he failed to appear, leading to accusations of non-cooperation with the investigation. The Gujarat High Court emphasized that his status as a public figure did not exempt him from legal scrutiny. His failure to appear before authorities and his inability to clarify the poem’s origin were key reasons cited in rejecting his plea.
Dismissing his petition, the Gujarat HC reinforced that lawmakers must uphold the law and act with responsibility. The Supreme Court will take up the matter again in three weeks.
With IANS inputs