The Madhya Pradesh High Court (HC) has quashed an FIR registered against a government school teacher in MP’s Betul, who had shared an Urdu poem via his WhatsApp status. The court ruled that no evidence of intent to incite hatred or disrupt public order was found during the proceedings.
Justice BP Sharma delivered the verdict, emphasising that criminal liability in speech-related matters cannot rest on ‘subjective perceptions or speculative apprehensions,’ but must be based on clear evidence of incitement.
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Teacher shared Urdu poem on July 22, 2025
The Chicholi Police of Betul on July 22, 2025, had registered an FIR against Faizan Ansari, a man attached to a government school in the city. The cops had booked him under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), after he uploaded a video reciting an Urdu nazm titled ‘Behaya.’
The poem, originally authored by Shoaib Kiana, was described by the court as a satirical and thought-provoking commentary on human rights violations against women, rather than content aimed at provoking communal unrest.
“No evidence of provocative content, malicious intent”
The court, in its detailed orders, noted that Ansari had merely shared the poetic recitation without adding any commentary or provocative message. Moreover, it did not find any material suggesting that the act was aimed at inciting violence or promoting enmity.
The bench remarked, “There is no evidence whatsoever to indicate that the petitioner intended to promote hatred or trigger disruption in public order,” adding that the FIR also failed to establish any direct or indirect link between the content and potential communal unrest.
Poem circulated widely, garnered appreciation
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Further in the order, the court pointed out that the poem had widely been shared across social media platforms and drew appreciation at various literary forums, both nationally and internationally. It emphasised that artistic and literary expressions should not be misinterpreted as criminal acts in the absence of clear intent.
The judgment clarified that the poem’s theme revolved around the condition of females and human rights concerns, including the ones beyond India, and did not target any specific community.
Court questions police action
According to the petition, after Ansari uploaded the video, he was summoned by the police, his cell phone was seized and an FIR was registered against him, following complaints that the content could disrupt communal harmony.
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The HC observed that such actions, which lack substantive evidence, risk undermining constitutional protections of free speech.