In a significant ruling upholding freedom of expression, the Madhya Pradesh High Court quashed an FIR registered against Faizan Ansari, a government school teacher, for sharing an Urdu poem on WhatsApp.
Justice B. P. Sharma observed that merely posting a poetic recitation without any commentary or intent to incite hatred does not amount to promoting enmity between groups or public mischief.
The case originated on July 22, 2025, when Ansari shared a video recitation of the poem “Be-haya” written by poet Shoaib Kaini. Police summoned him, seized his mobile phone, and filed an FIR under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), alleging the content was objectionable and inappropriate for a teacher. Ansari also reported facing threats and harassment after the police action.
The court carefully examined the poem and noted that it reflects on human rights issues and violence against women in Pakistan and other regions. It does not target any specific religion, community, or sect. “A holistic reading of the nazm leaves no scope for construing it as offensive in the manner alleged in the FIR,” Justice Sharma remarked.
The bench emphasised that the poem is publicly available on Indian Urdu literature platforms and had even been recited at the International Urdu Literary Festival. The FIR, the court said, failed to show any material indicating that the post promoted hostility or disturbed public order.
Criminal liability for speech-related offences cannot be invoked based on subjective perceptions or speculative fears; clear evidence of intent to incite violence or communal disharmony is essential.
“The act of the petitioner in sharing a poetic recitation, without any additional commentary or intent to incite, cannot be construed as promoting enmity or public mischief,” the court held.
The High Court quashed the FIR and all consequential proceedings against Ansari. It further directed the Superintendent of Police to provide protection to the teacher if required and ordered the immediate return of his seized mobile phone.
The ruling comes amid heightened scrutiny of teachers’ social media activity in Madhya Pradesh. In a separate incident, another government school teacher was suspended after a video mimicking Prime Minister Narendra Modi over rising LPG cylinder prices went viral.
Justice B. P. Sharma observed that merely posting a poetic recitation without any commentary or intent to incite hatred does not amount to promoting enmity between groups or public mischief.
The case originated on July 22, 2025, when Ansari shared a video recitation of the poem “Be-haya” written by poet Shoaib Kaini. Police summoned him, seized his mobile phone, and filed an FIR under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), alleging the content was objectionable and inappropriate for a teacher. Ansari also reported facing threats and harassment after the police action.
The court carefully examined the poem and noted that it reflects on human rights issues and violence against women in Pakistan and other regions. It does not target any specific religion, community, or sect. “A holistic reading of the nazm leaves no scope for construing it as offensive in the manner alleged in the FIR,” Justice Sharma remarked.
The bench emphasised that the poem is publicly available on Indian Urdu literature platforms and had even been recited at the International Urdu Literary Festival. The FIR, the court said, failed to show any material indicating that the post promoted hostility or disturbed public order.
Criminal liability for speech-related offences cannot be invoked based on subjective perceptions or speculative fears; clear evidence of intent to incite violence or communal disharmony is essential.
“The act of the petitioner in sharing a poetic recitation, without any additional commentary or intent to incite, cannot be construed as promoting enmity or public mischief,” the court held.
The High Court quashed the FIR and all consequential proceedings against Ansari. It further directed the Superintendent of Police to provide protection to the teacher if required and ordered the immediate return of his seized mobile phone.
The ruling comes amid heightened scrutiny of teachers’ social media activity in Madhya Pradesh. In a separate incident, another government school teacher was suspended after a video mimicking Prime Minister Narendra Modi over rising LPG cylinder prices went viral.