Supreme Court Grants Interim Protection To Congress MP Imran Pratapgarhi In FIR Over Instagram Clip With “Ae Khoon Ke Pyase Baat Suno” Poem

The Supreme Court today issued notice in plea against the Gujarat High Court's refusal to quash an FIR against Congress MP and poet Imran Pratapgarhi. The FIR was registered over an Instagram post featuring a video clip with the poem “Ae khoon ke pyase baat suno” running in the background.

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan also granted interim relief to Pratapgarhi ordering that to further steps be taken in regard to the FIR till further orders.

“Issue notice returnable on 10th February…In the meanwhile, no further the steps shall be taken in any manner on the basis of the FIR”, the Court ordered after being informed that Pratapgarhi has not been arrested in this case.

Senior Advocate Kapil Sibal, representing Pratapgarhi questioned the Gujarat High Court's decision to dismiss the petition without issuing a notice. He remarked, “What are we coming to and where are we going to? In a matter like this I need your lordships to say something. The order was passed on the first day itself even without notice.”

Background

The FIR was registered by City A-Division Police Station, Jamnagar. The poem, argued by Pratapgarhi to be spreading a message of love and non-violence, allegedly contravened Sections 196, 197, 299, 302, and 57 of the Bharatiya Nyay Sanhita, 2023. Section 196 pertains to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

The Gujarat High Court on January 17, 2025, refused to quash the FIR, emphasizing the need for further investigation and citing Pratapgarhi's non-cooperation with the investigation process as a factor in its decision.

The High Court noted that the poem's tenor indicated something about the throne and that responses to the post suggested a potential disturbance in social harmony. The court underscored the expectation that all citizens, especially an MP, should behave in a manner that does not disrupt communal or social harmony.

“Looking to 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 message was posted in a manner which certainly create disturbance in social harmony. It is expected from any citizen of India that he should behave in a manner where the communal harmony or social harmony should not be disturbed and 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 post”, the HC stated.

The High Court observed that further investigation was necessary as Pratapgarhi had not cooperated with the investigation process despite being a lawmaker expected to uphold the law and failed to respond to notices issued on January 4 and 15, requiring his presence on January 11 and 22, respectively.

The High Court emphasized the necessity of further investigation and referred to the principles laid out by the Apex Court in previous cases, stating that the court should not quash an FIR at the threshold.

Case no. – SLP(Crl) No. 1015/2025 Diary No. 3511 / 2025

Case Title – Imran Pratapgadhi v. State of Gujarat

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