The Jabalpur bench of the Madhya Pradesh High Court has quashed a First Information Report (FIR) filed against a schoolteacher who was accused of hurting religious sentiments through a WhatsApp status update. The post featured a video in which the teacher recited an Urdu poem titled "Be-haya" (shameless), which the police had termed as misogynistic.
Background of the Case
Faizan Ansari, a resident of Chicholi town in Betul district, was charged under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) for conduct "unbecoming of a teacher." The FIR alleged that the content hurt the sentiments of a particular faith, although the poem did not directly target any religion. Ansari had uploaded the video on July 22 last year and was summoned to the Chicholi police station the same evening. He claimed that his mobile phone was seized and he was subjected to harassment.
Arguments Presented
Ansari's counsel argued that his client merely recited a well-known poem without adding any personal commentary or exhortation. Therefore, there was no justification for inferring mens rea (guilty mind). The defense contended that the FIR was based on "vague, omnibus, and subjective" allegations, lacking any tangible evidence of incitement to violence or disturbance of public order. The state counsel, however, termed the petition "premature" and asserted that the investigation should proceed without court interference.
Court's Ruling
Justice B.P. Sharma, citing two previous Supreme Court judgments in similar cases, observed that a holistic reading of the poem left no scope for construing it as offensive in the manner alleged. 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."
Directions Issued
The court also directed the district superintendent of police to provide security to the petitioner after he informed the bench about facing a "hostile public campaign" on social and local media, as well as receiving threats to his life.
