The Supreme Court of India, on March 3, 2025, reserved its judgment on the petition filed by Congress Rajya Sabha MP Imran Pratapgarhi. The petition seeks to quash an FIR registered by the Gujarat Police over a social media post featuring a poem that allegedly violated provisions of the Bharatiya Nyay Sanhita, 2023.During the hearing, a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan critically examined the content of the poem titled “Ae khoon ke pyase baat suno”. The court expressed concerns over the Gujarat Police's decision to lodge an FIR against Pratapgarhi, stating that the poem conveyed a message of non-violence rather than inciting any anti-national sentiment.

"This actually promotes non-violence. It has nothing to do with religion, this has nothing to do with any anti-national activity. Police has shown a lack of sensitivity," observed Justice Oka.

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Solicitor General Tushar Mehta, representing the State of Gujarat, argued that the interpretation of the poem varied among people and that some might perceive it as inflammatory. However, Justice Oka dismissed this concern, emphasizing that artistic expression should be respected.

"This is the problem. Now nobody has any respect for creativity. If you read it plainly, it says that even if you suffer injustice, you suffer it with love."

Arguments from Both Sides

Senior Advocate Kapil Sibal, appearing for Pratapgarhi, urged the Court to take note of the Gujarat High Court’s judgment that refused to quash the FIR. Sibal criticized the High Court for failing to understand the true meaning of the poem.

"Look at what the High Court Judges say. Your lordships must say something on that," he pleaded.

Defending the Gujarat High Court, SG Mehta cautioned against unnecessary criticism, but the bench maintained that courts often evaluate and critique lower court judgments.

"Supreme Court criticises many judgments. What is wrong with that?" Sibal countered.

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Legal Proceedings and Case Background

The FIR was registered at City A-Division Police Station, Jamnagar, based on an Instagram post that featured a video clip with Pratapgarhi’s poem playing in the background. The Gujarat Police alleged that the post violated Sections 196, 197, 299, 302, and 57 of the Bharatiya Nyay Sanhita, 2023. Specifically, Section 196 pertains to promoting enmity between different groups on religious and social grounds.

On January 17, 2025, the Gujarat High Court refused to quash the FIR, arguing that further investigation was required. The High Court observed:

"Looking to the tenor of the poem, it certainly indicates something about the throne. The responses received to the post by other persons also indicate that the message was posted in a manner that could disturb social harmony."

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The High Court also criticized Pratapgarhi’s non-cooperation in the investigation, pointing out that despite being a lawmaker, he failed to respond to notices requiring his presence on January 11 and 22, 2025.

"It is expected from any citizen of India that he should behave in a manner where communal harmony or social harmony should not be disturbed. The petitioner, who is a Member of Parliament, is expected to behave in a more responsible manner as he is aware of the repercussions of such posts," the High Court stated.

In an earlier hearing, the Supreme Court granted interim relief to Pratapgarhi by halting all further legal proceedings related to the FIR until further orders. The Court emphasized that freedom of speech and expression must be understood in its true spirit.

"Seventy-five years after the Constitution came into effect, it is time the police understood the meaning of free speech and artistic expression," remarked Justice Oka.

Case no. – SLP(Crl) No. 1015/2025 Diary No. 3511 / 2025

Case Title – Imran Pratapgadhi v. State of Gujarat