MPHC quashes FIR against teacher over WhatsApp post of Urdu poem recital

Bhopal/Jabalpur: Madhya Pradesh high court’s Jabalpur bench has quashed an FIR against a schoolteacher accused of hurting religious sentiments with what police termed a “misogynistic” WhatsApp status update featuring a video in which he recites an Urdu poem titled “Be-haya” (shameless).

Faizan Ansari of Chicholi town in MP’s Betul district was charged under Section 353(2) of BNS with conduct “unbecoming of a teacher”, although he didn’t directly make any remark targeting a religion in the post.

Challenging the FIR, Ansari said he put up the video on July 22 last year and was summoned to Chicholi police station that very evening. The petitioner mentioned that his mobile phone was seized and he was allegedly harassed.

Ansari’s counsel said his client recited the poem, ostensibly a famous one, without adding any personal commentary or exhortation, in which case there was no justification in inferring an element of “mens rea” (Latin for “guilty mind”).

He argued that the FIR was filed on “vague, omnibus and subjective” allegations such as the content hurting people of a particular faith. “In the absence of any tangible material demonstrating incitement to violence or disturbance of public order, this cannot form the basis of criminal prosecution.”

The state counsel said the petition was “premature” and not maintainable at this stage. Police must be allowed to complete the investigation in accordance with law without interference from this court, the lawyer said.

Justice BP Sharma, citing Supreme Court’s orders in two previous cases of a similar nature, ruled that “a holistic reading of the nazm leaves no scope for construing it as offensive in the manner alleged in the FIR”.

The judge noted that the poem “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”.

The court directed the district SP to provide security to the petitioner after the latter informed the bench that he had faced a “hostile public campaign” on social and local media and also received threats to his life.
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