A Supreme Court hearing in a case against Congress MP and poet Imran Pratapgarhi for sharing a song witnessed light-hearted banter between Solicitor General Tushar Mehta and senior advocate Kapil Sibal, who represented the Congress leader.
The bench of Justice Abhay S Oka and Justice Ujjal Bhuyan today made strong remarks on the police action against Mr Pratapgarhi after his social media handle shared a video on social media with the lines, "Aye khoon ke pyaaso baat suno", playing in the background. The Rajya Sabha MP faces an FIR that accuses him of fanning religious sentiments. He had approached the Gujarat High Court, but did not get relief. He has now challenged the high court ruling in the Supreme Court.
The top court said the freedom of speech and expression has to be preserved. "Some sensitivity has to be shown by the police before registering an FIR. They must at least read and understand (the article of the Constitution). Seventy-five years after the Constitution, the freedom of speech and expression has to be at least now understood by the police."
Justice Oka pointed out that the poem promoted non-violence. "It is not against any religion. This poem indirectly says even if somebody indulges in violence, we will not indulge in violence. That is the message the poem gives." The court has reserved its judgment on the matter.
The hearing witnessed some light moments when Solicitor General Mehta, who appeared for Gujarat government, said his objection was to Mr Pratapgarhi's counter affidavit that attributes the poem to Faiz Ahmed Faiz or Habib Jalib. "The level of this can never be Faiz or Habib Jalib," he said, describing the poem as "sadak chhap" (pedestrian).
At this point, Mr Sibal referred to his attempts at poetry and said, "My poems are also sadakchaap." Mr Mehta, often locked in heated legal debates with Mr Sibal, disagreed and praised him: "No, his (Sibal's) poems are really good!"
Justice Oka joined in. "I told my brother (Justice Bhuyan) in a lighter vein, don't call your poems sadakchaap, because you'll have to write one poem for me at the end of May. So please don't say that."
Continuing his criticism of the poem shared from Mr Pratapgarhi's handle, Mr Mehta said he wouldn't even call it a poem. "I don't admit it's a poem. Why? Sher kabhi accha ya bura nahi hota; ya hota hai ya nahi hota," he said.
Justice Oka remarked, "Now you want to compete with him? In writing poems?" He then said Mr Mehta could write poems too. At this, Mr Sibal weighed in. "He's (Mehta) just not trying. He has a wealth of knowledge in this area," he said.
When Justice Oka said Mr Mehta probably did not find time to write, the Solicitor General quipped, "No, I have time. People say you have to fall in love to be a poet. I have never."
