'Provocative' song row: SC questions Gujarat Police over FIR against Congress MP

New Delhi: The Supreme Court on Monday questioned the validity of the FIR lodged by the Gujarat police against Congress MP Imran Pratapgarhi, over his video post with a poem for allegedly promoting enmity between different groups of people.

A bench of Justices Abhay S Oka and Ujjal Bhuyan said it is ultimately a poem and not against any particular community. The court felt the High Court did not appreciate the meaning of the poem.

Senior advocate Kapil Sibal, appearing for the Congress MP, claimed that the High Court order was bad in law. He contended the judge did violence to the law.

“It's 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,” the bench said.

The court adjourned the matter as the state counsel sought time.

"Apply your mind to the poem. Ultimately, creativity is also important," the bench told the state counsel.

On January 21, the court had granted interim protection from any coercive action to Congress MP Imran Pratapgarhi in connection with the FIR.

The Gujarat High Court on January 17, this year refused to quash the FIR for charges of promoting communal disharmony by posting a video clip with the poem “Ae khoon ke pyase baat suno... (Listen, o bloodthirsty...)” running in the background.

“Looking at the tenor of the poem, it certainly indicates something about the throne. The responses received to the said post by other persons also indicate that the message was posted in a manner which certainly creates a disturbance in social harmony," Justice Sandeep N Bhatt had said in his order.

The High Court stated that citizens of this country should “behave” in a way which doesn’t disturb communal and social harmony.

“The petitioner, who is a Member of Parliament, is expected to behave in some more restricted manner as he is expected to know more about the repercussions of such a post,” the order stated.

On January 3, Rajya Sabha member Pratapgarhi was booked by the Jamnagar police for promoting enmity between different groups based on religion, race, statements prejudicial to national integration, insulting religious group or their beliefs, and abetting the commission of an offence by the public or by a group of more than ten people, among other charges.