NEW DELHI: The Supreme Court on Monday questioned the Gujarat Police for registering the FIR against Rajya Sabha Congress MP Imran Pratapgarhi for allegedly posting an edited video of a provocative song, after noting that "it is ultimately a poem" and "not against any religion."
While extending its order granting interim protection from any coercive action against Congress Member of Parliament Pratapgarhi, a two-judge bench of the apex court, led by Justice Abhay S. Oka and Justice Ujjal Bhuyan, said on Monday that the Gujarat High Court, which rejected Pratapgarhi's petition to quash the FIR, did not appreciate the meaning of the poem.
"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," the bench of the top court said in its order on Monday.
The apex court granted more time for the Gujarat police to file its response to Pratapgarhi’s plea challenging the Gujarat High Court's order refusing to quash the FIR against him and posted the matter for further hearing on March 3.
On January 21, the top court had earlier granted relief to Pratapgarhi, who is facing allegations of promoting communal disharmony by posting a video clip on his social media handle.
While issuing notice to the state of Gujarat and others—seeking their respective replies on Pratapgarhi’s appeal—the two-judge bench of the apex court, led by Justice Oka, said, "No step shall be taken in pursuance of the FIR (First Information Report) registered."
A resident of Jamnagar, aggrieved by the posting of Pratapgarhi's video, filed an FIR alleging that the lawmaker used a song that was "provocative, detrimental to national integrity, and hurt religious sentiments."
Pratapgarhi had to move the Gujarat High Court for quashing the FIR, arguing that the poem, on which the FIR was based, "is a poem spreading a message of love."
In the High Court, the Congress MP argued that "the reading of the song poem is a message of love and non-violence."
However, the High Court refused to quash the FIR and stated in its order that "there was a need for further investigation and that he had not cooperated with the investigation process." Pratapgarhi then moved the apex court for relief.
The FIR, registered against Pratapgarhi on January 3, states that he was booked by the Jamnagar police for promoting enmity between different groups on the basis of religion, race, and statements prejudicial to national integration, as well as for abetting the commission of an offense by the public or a group of more than ten people, among other charges. However, Pratapgarhi vehemently denied these allegations.
The FIR further alleged that the Rajya Sabha MP was booked after he allegedly posted the 46-second video clip/poem on December 29 on his X handle, with the poem "ae khoon ke pyase baat suno..." playing in the background.
During the hearing in the apex court on January 21, senior advocate Kapil Sibal, appearing for the Congress MP, told the bench, “The order was passed on the first day itself, even without notice.”