MPHC quashes FIR against school teacher over WA post of Urdu poem recital

Bhopal/Jabalpur: The Jabalpur bench of Madhya Pradesh high court quashed an FIR against a school teacher at Chicholi town of Betul district for posting a video of himself reciting an Urdu nazm (poem), titled ‘Be-haya’ (shameless), on his WhatsApp handle.

While the teacher, Faizan Ansari, did not tag the video with any comment, the police filed an FIR under BNS Section 353 (2), flagging his post as “objectionable, misogynistic, unbecoming of a teacher and hurting the sentiments of persons belonging to a particular religion.”

In his petition challenging the registration of an FIR, Ansari said he put up the video reciting the famous Urdu poem on July 22, last year. Later that evening, he was summoned to Chicholi police station where a case was filed against him for posting ‘objectionable’ content.

The petitioner alleged further that his mobile phone was seized and he was subjected to harassment by the police.

As the matter moved to court, the counsel for the petitioner argued that the recital was merely in appreciation of a poem written by a recognised poet without adding any personal commentary or exhortation, and therefore, the element of ‘mens rea’ (motive), which is typically held in legal parlance as central to establishing an offence relating to promotion of enmity or public mischief, is conspicuously absent in the present case.

He argued further that the FIR was filed on “vague, omnibus and subjective” allegations such as of the content being ‘unbecoming’ or ‘hurting sentiments’, which, in the absence of any tangible material demonstrating incitement to violence or disturbance of public order, cannot form the basis of criminal prosecution.

At this, the counsel for the state opposed quashing of the FIR pending investigation.

“The petition is premature and not maintainable at this stage, as the investigation is still at a nascent stage and the police authorities must be allowed to complete the investigation in accordance with law without interference from this court,” the state counsel submitted.

After carefully weighing arguments from both sides, the single bench of Justice BP Sharma, citing the orders of the Supreme Court in two similar previous cases, including Imran Pratapgarhi Vs the state of Gujarat, ruled, “The court is of the considered view that a holistic reading of the ‘nazm’ leaves no scope for construing it as offensive in the manner alleged in the FIR, in as much as it does not contain any reference, direct or indirect, to any religion, community or sect so as to attract allegations of hurting religious sentiments or promoting disharmony.”

With this observation, the single bench quashed the FIR against the school teacher, directing the SHO, Chicholi police station, to return his mobile phone.

It also directed the SP to provide security cover to the petitioner after he informed the bench that he was subjected to a ‘hostile public campaign’ on social and local media and also received threats to his life.
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