The Jabalpur bench of the Madhya Pradesh high court has quashed a First Information Report (FIR) registered against a school teacher from Chicholi town in Betul district. The teacher, Faizan Ansari, had posted a video of himself reciting an Urdu nazm (poem) titled 'Be-haya' (shameless) on his WhatsApp handle.
Background of the Case
According to the petitioner, Ansari uploaded the video on July 22 last year. Later that evening, he was summoned to the Chicholi police station, where an FIR was filed against him under Section 353 (2) of the Bharatiya Nyaya Sanhita (BNS). The police alleged that the content was 'objectionable, misogynistic, unbecoming of a teacher, and hurt the sentiments of persons belonging to a particular religion.'
Ansari did not accompany the video with any personal comment or tag. Despite this, the police proceeded with the case, seizing his mobile phone and subjecting him to harassment, as claimed by the petitioner.
Arguments in Court
The counsel for the petitioner argued that the recital was merely an appreciation of a poem written by a recognized poet, without any personal commentary or exhortation. Therefore, the element of 'mens rea' (motive), which is crucial for establishing an offense related to promoting enmity or public mischief, was absent. The counsel further contended that the FIR was based on vague, omnibus, and subjective allegations, such as the content being 'unbecoming' or 'hurting sentiments.' In the absence of tangible material demonstrating incitement to violence or disturbance of public order, such allegations cannot form the basis of criminal prosecution.
On the other hand, the state counsel opposed the quashing of the FIR, arguing that the petition was premature and not maintainable at this stage. The investigation was still in its nascent stage, and the police authorities should be allowed to complete it in accordance with the law without interference from the court.
Court's Decision
After carefully weighing the arguments from both sides, Justice BP Sharma of the single bench cited orders of the Supreme Court in two similar previous cases, including Imran Pratapgarhi vs the State of Gujarat. The court observed: 'A holistic reading of the nazm leaves no scope for construing it as offensive in the manner alleged in the FIR, 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. It also directed the Station House Officer (SHO) of Chicholi police station to return Ansari's mobile phone.
Security Concerns
The petitioner informed the bench that he had been subjected to a hostile public campaign on social and local media and had received threats to his life. In response, the court directed the Superintendent of Police (SP) to provide security cover to Ansari.
This judgment underscores the importance of freedom of expression and the need for a clear legal standard when assessing whether artistic or literary content can be considered offensive or harmful.
