New Delhi: The Supreme Court on Tuesday stayed proceedings in a case registered against Congress Member of Parliament (MP) Imran Pratapgarhi for posting a poem on social media.
A bench comprising Justice AS Oka and Justice Ujjal Bhuyan issued notice on Pratapgarhi's plea seeking quashing of the First Information Report (FIR) lodged by Jamnagar police on January 3.
"We heard the poem also... Issue short notice. Returnable on February 10. No action shall be taken in pursuance to the FIR registered," the Court directed.
Senior Advocate Kapil Sibal, appearing for Pratapgarhi, criticized the Gujarat High Court's dismissal of his earlier plea to quash the FIR, stating, "What have we come to? The court has to say something. Without issuing notice, the (High) Court ordered this (to be dismissed)."
The FIR was filed based on a complaint from an advocate's clerk, alleging that Pratapgarhi had posted a video featuring the poem “Ae khoon ke pyase baat suno...” on social media.
The Gujarat Police invoked Sections 197 (imputations prejudicial to national integration), 299 (acts intended to outrage religious feelings), and 302 (uttering words with intent to wound religious feelings) of the Bharatiya Nyaya Sanhita (BNS) against him.
On January 17, the Gujarat High Court refused to quash the FIR, stating that the investigation was at a nascent stage.
Justice Sandeep N Bhat noted, "I find no reason to exercise my powers under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, or under Article 226 of the Constitution of India."
The High Court further observed that responses to the social media post suggested it could disturb social harmony. "It is expected from any citizen of India that he should behave in a manner where communal harmony or social harmony is not disturbed. The petitioner, being a Member of Parliament, is expected to act more responsibly, understanding the repercussions of such posts," the court stated.
Following the High Court's refusal, Pratapgarhi approached the Supreme Court, which has now stayed the proceedings, providing temporary relief to the Congress MP. The matter will be heard next on February 10.
