NEW DELHI: Observing that a poem recited by Congress MP Imran Pratapgarhi did not seem to be against any religion, Supreme Court on Monday asked the Gujarat govt “to apply its mind” to the poem and take a stand on the politician’s plea to quash criminal proceedings initiated against him in the state for hurting religious sentiments.
The court granted two weeks to the state govt to take a decision while highlighting that it was just a poem and creativity was also important for society. The bench said Gujarat high court did not appreciate the meaning of the poem while hearing a plea filed by Pratapgarhi.
Appearing for the Congress MP, senior advocate Kapil Sibal said, “The judge (of Gujarat HC) has done violence to the law. That is my worry.”
It’s a poem, not against any religion: SC backs Congress MP
Reading English translation of the poem, which was attached by Pratapgarhi in his petition, the bench of Justices Abhay S Oka and Ujjal Bhuyan said, “It is ultimately a poem. It is not against any religion. This poem indirectly says even if somebody indulges in violence, we will not indulge in violence. That’s the message which this poem gives… that we will quietly suffer the violence but we will not do anything. So that somebody who indulges in violence will be dethroned. It is not against any particular community.”
As the state govt sought time to file its reply and sought adjournment, the bench told its lawyer, “Please apply your mind to the poem. After all, creativity is also important.” The court also extended its interim order by which the MP was protected in the case lodged against him for posting a video clip with the poem ‘Ae khoon ke pyase baat suno’.
On Jan 17, HC had refused to quash the FIR, saying there was a need for further probe. It had said the poem’s tenor indicated something about the throne and that responses to the poem on social media pointed to a potential disturbance in social harmony. It had said all citizens, especially an MP, should behave in a manner that did not disrupt communal or social harmony.
After Gujarat HC order, Pratapgarhi appealed in SC which on Jan 21 granted him protection. Noting that he had not been arrested in the case so far, SC had said “no further steps shall be taken in any manner on the basis of the FIR”.
