The Supreme Court has issued a notice regarding a plea from Congress MP Imran Pratapgarhi, challenging a Gujarat High Court decision that refused to quash an FIR linked to his Instagram post featuring a poem. The court granted interim relief, halting any action on the FIR until the next hearing on February 10.
New Delhi: The Supreme Court today (Jan 21st) issued a notice on a plea challenging the Gujarat High Court’s refusal to quash an FIR against Congress MP and poet Imran Pratapgarhi. The FIR was filed over an Instagram post featuring a video clip with the poem “Ae khoon ke pyase baat suno” playing in the background.
A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan granted interim relief to Pratapgarhi, ordering that no further action be taken regarding the FIR until further orders. The bench stated,
“Issue notice returnable on 10th February…In the meanwhile, no further steps shall be taken in any manner on the basis of the FIR.”
Senior Advocate Kapil Sibal, representing Pratapgarhi, criticized the Gujarat High Court for dismissing the petition without even issuing a notice. He argued,
“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 of the FIR
The FIR, registered at City A-Division Police Station, Jamnagar, invoked multiple sections of the Bhartiya Nyay Sanhita, 2023, including Section 196 (promoting enmity between groups on religious or other grounds). While Pratapgarhi argued that his poem promoted love and non-violence, the Gujarat High Court observed that the post had the potential to disrupt social harmony.
On January 17, 2025, the High Court refused to quash the FIR, stating that further investigation was needed and that Pratapgarhi had not cooperated with the inquiry. The court emphasized,
“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 the message was posted in a manner which could create disturbance in social harmony.”
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The court underscored that as a Member of Parliament, Pratapgarhi was expected to act responsibly and be aware of the potential repercussions of his actions.
Non-Cooperation Alleged
The High Court noted that Pratapgarhi had failed to respond to notices issued on January 4 and 15, which required his presence for questioning on January 11 and 22, respectively. It further referred to previous Supreme Court judgments, highlighting that FIRs should not be quashed prematurely unless there is clear evidence of malice or procedural lapses.
The Supreme Court’s notice and interim relief provide temporary respite to Pratapgarhi, but the matter is far from resolved. The next hearing is scheduled for February 10, where further arguments will be presented.
Case Title – Imran Pratapgadhi v. State of Gujarat
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