"Please Apply Mind": Top Court To Gujarat In Poem Case Against Congress MP

Questioning the FIR against Congress MP Imran Pratapgarhi for sharing a poem on social media, the Supreme Court today told the Gujarat government that "creativity" is important and that the poem in question is not against any community.

Mr Pratapgarhi faces an FIR after he shared a poem, 'Aye khoon ke pyaason baat suno', on social media. The FIR accused the Rajya Sabha member of fanning religious sentiments. Mr Pratapgarhi had approached the Gujarat High Court, but did not get relief. He then challenged the high court ruling in the Supreme Court.

The bench of Justice Abhay S Oka and Justice Ujjal Bhuyan today noted that the high court had not appreciated the true meaning of the poem. "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.

Senior Advocate Kapil Sibal, appearing for the Congress MP, said, "The judge has done violence to the law. That is my worry." The bench adjourned the matter for three weeks after the state government's counsel sought more time.

Last month, the Supreme Court paused any action against the Congress MP in the case.

Mr Pratapgarhi had been charged under multiple sections, including those linked to promoting enmity and assertions prejudicial to national integration. The complaint was based on a 46-second video clip posted by Pratapgarhi. The video showed flower petals being showered at him at an event. The FIR alleged that the poem recited with the video had provocative lyrics.

The Rajya Sabha MP had argued that the poem carried "a message of love and non-violence". He had said the FIR was used as a tool to harass him and that it was registered with "malicious intent".