The Supreme Court informed the Gujarat government today that “creativity” is crucial and that the poem in question is not offensive to any community, casting doubt on the formal complaint against Congress MP Imran Pratapgarhi for posting it on social media.
After posting the poetry “Aye khoon ke pyaason baat suno” on social media, Mr. Pratapgarhi is facing a formal complaint. The Rajya Sabha member was charged with inciting religious feelings in the FIR. Mr. Pratapgarhi sought remedy from the Gujarat High Court but was unsuccessful. He subsequently went to the Supreme Court to contest the high court’s decision.
Today, the bench consisting of Justices Abhay S. Oka and Ujjal Bhuyan observed that the high court had failed to recognize the poem’s actual significance. “Please apply your mind to the poem. After all, creativity is also important,” Justice Oka told advocate Swati Ghildiyal, counsel for the Gujarat government. “It’s ultimately a poem. It is not against any religion. This poem indirectly says that even if somebody indulges in violence, we will not indulge in violence. That’s the message the poem gives. It is not against any particular community,” Justice Oka said. “Please see the poem. The High Court has not appreciated the meaning of the poem. It’s ultimately a poem,” he added.
Speaking on behalf of the Congress MP, Senior Advocate Kapil Sibal declared, “The judge has violated the law. That worries me. When the state government’s attorney requested additional time, the bench postponed the case for three weeks. The Supreme Court put a halt to any further action against the Congress MP in the case last month.
Among the several charges against Mr. Pratapgarhi were those related to inciting hatred and making statements that were detrimental to national unity. Pratapgarhi shared a 46-second video clip that served as the basis for the complaint. At a function, he was shown in the footage getting showered with flower petals. According to the FIR, the poetry that was delivered in the video had offensive language.
“A message of love and non-violence” was conveyed by the poetry, according to the Rajya Sabha MP. He had claimed that the FIR was filed with “malicious intent” and that it was used as a means of harassing him.
