The Madhya Pradesh High Court has quashed an FIR registered against a government school teacher under Section 353(2) of the Bharatiya Nyaya Sanhita, 2023, who posted a video of the Urdu nazm ‘Be-haya’ by poet Shoaib Kiani on his WhatsApp status, which local complainants alleged was misogynistic and harmful to religious sentiments.

The Court observed that the poem is a satirical commentary on the plight of women in a patriarchal society and contains no references to any specific religion or community.

The Court emphasized that mens rea is an essential requirement for speech-related offences, and held that criminalizing a teacher for mere literary appreciation would amount to a gross abuse of the legal process.

​The Bench of Justice BP Sharma observed, “This Court is of the considered view that a holistic reading of the nazm leaves no scope for construing it as offensive in the manner alleged in the FIR, inasmuch 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. The expression woven/used in the nazm, though at places strong and evocative, must be understood as a legitimate literary device intended to provoke introspection and to draw attention to the plight of women in a patriarchal societal framework. Such use of stark and sometimes unsettling imagery is a well-recognized feature of literary expression, historically employed by writers and thinkers, including celebrated authors, to challenge prevailing norms and expose uncomfortable truths.”

Advocate Chinmay Kalgaonkar appeared for the Petitioner, while Advocate AS Baghel appeared for the Respondents.

Factual Background

The petitioner, a government school teacher with a clean service record, filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash FIR No. 0427/2025 registered at Police Station Chicholi. The FIR alleged an offence under Section 353(2) of the Bharatiya Nyaya Sanhita, 2023.

The brief facts are that on July 22, 2025, the petitioner posted a video of an Urdu nazm titled ‘Be-haya’ on his WhatsApp status as an act of literary appreciation. He added no personal commentary or modifications to the content. Although the post caused no immediate public disorder, the local police summoned the petitioner later that day, seized his mobile phone, and initiated an inquiry.

The FIR was lodged based on complaints asserting that the video was misogynistic, hurt religious sentiments, and threatened communal harmony. Following the registration of the case, the petitioner’s personal details were leaked, leading to defamatory media coverage and credible threats of violence against his life.

Despite submitting a written representation to the Superintendent of Police regarding the harassment and threats, no protective measures were taken by the authorities. Consequently, the petitioner moved the Hon’ble Court for the quashing of the FIR and the protection of his life and liberty.

Contention of the Parties

The Petitioner contended that the impugned FIR is a gross abuse of the criminal process and is legally unsustainable, as the allegations, even if taken at face value, fail to disclose the commission of any offence under Section 353(2) of the Bharatiya Nyaya Sanhita, 2023. It was argued that the petitioner merely shared a recognized literary work without any personal commentary or exhortation, thereby demonstrating a total absence of mens rea—a mandatory ingredient for offences involving public mischief or the promotion of enmity.

Per contra, the Respondent/State opposed the petition, maintaining that it is premature and not maintainable at this nascent stage of the investigation. It was contended that the police must be permitted to exercise their statutory power to investigate cognizable offences without judicial interference. The Respondents argued that the content shared by the petitioner was inappropriate, given his influential position as a teacher and possessed the potential to disturb communal harmony and outrage religious sentiments, thereby justifying the registration of the FIR. They further submitted that the petitioner failed to demonstrate any "exceptional circumstances" that would warrant the quashing of the proceedings at the threshold, and prayed for the dismissal of the petition to allow the law to take its own course.

Observations of the Court

The Court, upon a comprehensive review of the pleadings and the rival submissions, observed that the fundamental issue was whether the act of sharing a poetic recitation on a WhatsApp status could attract criminal liability under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The Court noted that the FIR was built on a factual foundation of "subjective perceptions," alleging the content was "objectionable" or "misogynistic" without providing any tangible material to show a clear and proximate link to public disorder or the promotion of communal enmity. It was observed that criminal law cannot be set into motion based on strained or exaggerated interpretations of artistic expression.

The Court highlighted that the nazm in question, ‘Be-haya’ by poet Shoaib Kiani, is a satirical commentary on human rights and the systemic abuse of women, widely available on reputable platforms like Rekhta.

The Court held that mens rea—an intentional effort to incite hatred—is the sine qua non for speech-related offences.

The Court found that the petitioner had merely shared a recognized literary work without any personal exhortation or commentary. Since the poem contained no reference to any specific religion or community, the allegations of hurting religious sentiments were found to be legally untenable.

It also held, “In view of the foregoing analysis, this Court is of the considered opinion that the impugned FIR bearing Crime No.0427/2025 dated 22.07.2025 registered at Police Station Chicholi, District Betul, does not disclose the commission of any cognizable offence under Section 353(2) of Bharatiya Nyaya Sanhita, 2023 and the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law and an unwarranted infringement of his fundamental rights under Article 19(1)(a) of the Constitution. The petition, therefore, deserves to be allowed.”

The Court concluded that continuing the criminal proceedings against a teacher with an unblemished record would constitute a gross abuse of the process of law and an infringement of his fundamental rights.

Accordingly, the petition was allowed, and FIR, along with all consequential proceedings, was hereby quashed. The Superintendent of Police, Betul, was directed to provide adequate security to the petitioner and ensure no coercive action is taken against him.

The authorities were mandated to take all necessary steps to safeguard the petitioner's life and liberty against any threats arising from this incident.

Cause Title: Faizan Ansari v. The State of Madhya Pradesh and Ors. [Neutral Citation: 2026:MPHC-JBP:35211]

Appearances:

Petitioner: Advocate Chinmay Kalgaonkar

Respondents: Advocate AS Baghel

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