"Literary Expression No Crime": Madhya Pradesh High Court On Case Against Teacher Over Urdu Poem

The complaint alleged that the video was derogatory to women, hurt sentiments and could disturb social harmony. Police then registered an FIR under Section 353(2) of the Bharatiya Nyaya Sanhita and seized Ansari's mobile phone.

Bhopal:

In a case that began with a 2 minute 21 second Urdu nazm on WhatsApp status and snowballed into protests, police action and social media outrage, the Madhya Pradesh High Court has given major relief to government teacher Faizan Ansari by quashing the FIR registered against him at Chicholi Police Station in Betul.

The case dates back to July 22, 2025, when Ansari, a contractual teacher posted at Harradhana (Dudhiya) Primary School, allegedly shared a video from a mushaira on his WhatsApp status. The poem, titled Be-haya, dealt with women, patriarchy and social control. But soon, the post became a flashpoint.

Employees led by Sachin Rai, District President of the Madhya Pradesh State Employees' Association, reached Chicholi police station, lodged a complaint and staged protests demanding strict action.

The complaint alleged that the video was derogatory to women, hurt sentiments and could disturb social harmony. Police then registered an FIR under Section 353(2) of the Bharatiya Nyaya Sanhita and seized Ansari's mobile phone.

But Justice BP Sharma of the Jabalpur High Court has now drawn a clear constitutional line -- a poem cannot become a crime merely because someone finds it objectionable.

The court noted that the nazm is publicly available on Rekhta, a known platform for Urdu literature, and is a satirical commentary on women's human rights, patriarchy and exploitation. It found no direct or indirect attack on any religion, community or class. The court also observed that Ansari had merely shared the poem without adding any personal comment, inflammatory message or call for violence.

Relying on Supreme Court judgments, the High Court held that ne can be prosecuted for literary or artistic expression only when there is clear intent to incite violence, hatred or public disorder. Mere apprehension, subjective outrage or claims of hurt sentiments are not enough.

The court also took note of the trolling, threats and mental harassment Ansari faced after the FIR. It directed the Betul SP to provide him necessary security and ordered Chicholi Police Station to immediately return his seized mobile phone.

In strong terms, the High Court held that continuing criminal proceedings against the teacher would be an abuse of the process of law and a violation of his fundamental right to free expression under Article 19(1)(a).

Show full article

Track Latest News Live on NDTV.com and get news updates from India and around the world

Follow us:
Madhya Pradesh, High Court