The Madhya Pradesh High Court has quashed a first information report against a government school teacher from Betul district for sharing a video of an Urdu poem as his WhatsApp status, The Indian Express reported on Sunday.
In the order on April 30, Justice BP Sharma observed that “sharing a poetic recitation, without any additional commentary or intent to incite, cannot be construed as promoting enmity or public mischief”, according to Live Law.
He added that criminal liability in speech-related offences could not be imposed merely based on “subjective perceptions or speculative apprehensions” and required clear evidence of incitement or disruption of public order.
The petition was filed by Faizan Ansari, who had been booked on July 22 after sharing a video containing the recitation of the Urdu poem “Be-haya”, written by poet Shoaib Kiani.
The first information report against him was filed at the Chicholi police station under the Bharatiya Nyaya Sanhita section pertaining to the circulation of false information, rumours or alarming news intended to foster hatred or enmity between different.
Ansari said in his petition that he had shared the video without any personal commentary or exhortation.
However, the police had summoned him and seized his mobile phone, claiming they had received complaints that the video was objectionable, misogynistic and capable of disturbing communal harmony.
In its order, the court said the poem was “a satirical and thought-provoking commentary on the issue of human rights violations against women” and related to “the condition and sarcastic take on human rights, abuse of the women in Pakistan or any other country”.
A holistic reading of the poem left “no scope” for construing it as offensive in the manner alleged in the FIR because it contained no direct or indirect reference to any religion, community or sect, it added.
Sharma further noted that the FIR did not contain any material suggesting the petitioner intended to incite hostility between communities or promote hatred.
The court also observed that the poem had been shared widely on social media and was available on literary platforms such as Rekhta that are dedicated to Urdu poetry.
“It is not in dispute that the nazm has enjoyed wide circulation across multiple social media platforms and has been appreciated by a large audience, including eminent literary personalities,” the judge said.
Edited by Sneha
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