Supreme Court Grants Anticipatory Bail To Poet In Case Over Poem Titled 'Ram'

The Supreme Court recently granted anticipatory bail plea to a man accused of hurting religious sentiments and creating communal discord through his poem on Hindu God Shri Ram and Goddess Sita.

The order was passed by a bench of Justices MM Sundresh and Aravind Kumar, noting that the petitioner-accused was cooperating with the investigation.

To recap, an FIR under Sections 153A/295/295A/416/420 IPC was lodged on January 23, 2024 on allegations that concealing his real identity, the petitioner - a Muslim - created an account on social media platform 'Facebook' under the name 'Neelabh Sourav' and posted a poem from it aiming obscene words at Hindu Lord Ram and Goddess Sita.

Apprehending arrest, the petitioner moved the Gauhati High Court, pleading that he had no intention to hurt anybody's religious sentiments and had not even mentioned any community. He further claimed that the poem, which sought to shed light on societal issues, was a legitimate exercise of his right to freedom of speech and expression.

After hearing the petitioner's counsel and the State PP, the High Court denied relief of pre-arrest bail, noting that investigation was ongoing. It was further of the view that the petitioner's custodial interrogation was 'indispensable'. On a perusal of the case diary, the Court also noted that the petitioner was absconding since the date of occurrence and if he was granted pre-arrest bail, he could hamper investigation and/or tamper with witnesses.

Against the High Court order, the petitioner approached the Supreme Court. Before the top Court, his case was that no custodial interrogation was required as he had admitted that he authored the subject poem titled 'Ram'. It was asserted that on realizing that some people did not appreciate the context of his post, he had issued a public apology and removed the subject post. While doing so, he had declared his own reverence and respect towards Lord Ram and the tradition of the nation.

The petitioner further claimed that he is a poet of repute, known to write under the pen name 'Neelabh Sourav'. He expressed a grievance that the High Court did not appreciate the fact that his intention behind the poem was to depict the hardships faced by impoverished daily-wage/menial workers.

Referring to the poem, he explained in the petition that the names 'Ram' and 'Sita' were used as they are 'organic' and 'popular' in the country, and further, to represent the broader spectrum of workers experiencing societal hardships.

Notice was issued on the petition on March 15, when a bench of Justices MM Sundresh and SVN Bhatti also granted the petitioner interim protection from arrest on the condition that he shall cooperate with investigation.

Case Title: Rakib Uddin Ahmed @ Neelabh Sourav v. State of Assam and Anr., Criminal Appeal No. 2837/2024

Click here to read the order