Court Upholds Freedom of Speech, Citing Lack of Mens Rea and Evidence of Public Disorder
In a landmark decision, the Madhya Pradesh High Court has quashed an FIR against Faizan Ansari, a government school teacher, who was accused of promoting enmity and public mischief through a poetic recitation shared on his WhatsApp status. The judgment, delivered by Justice B.P. Sharma, concluded that the FIR lacked evidence of intent to incite violence or promote enmity, thereby amounting to an abuse of the process of law.
The FIR, registered under Section 353(2) of the Bharatiya Nyaya Sanhita, 2023, alleged that the video status containing the Urdu nazm 'Be-haya', authored by a recognized poet, was objectionable and hurtful to religious sentiments. However, the court found that the allegations were based on vague and subjective interpretations, devoid of any concrete evidence indicating the commission of a cognizable offence.
Justice Sharma emphasized that mere expression of literary or artistic work, even if provocative, does not constitute a criminal offence in the absence of mens rea or tangible evidence of public disorder. The court underscored the importance of intent and direct incitement for hate speech-related offences, citing precedents from the Supreme Court that protect artistic and literary expression under Article 19(1)(a) of the Constitution.
The judgment reiterated the principles laid down in previous Supreme Court cases, including Imran Pratapgarhi v. State of Gujarat, and Patricia Mukhim v. State of Meghalaya, where the apex court held that criminal liability for speech-related offences requires clear intent to incite violence or disrupt public order.
The court noted that the nazm 'Be-haya' is available in the public domain and has been circulated widely across social media platforms, enjoying appreciation from literary circles both nationally and internationally. The poetic recitation was deemed a legitimate literary device intended to provoke introspection on societal issues, particularly the plight of women in patriarchal frameworks.
In conclusion, the court directed the quashing of the FIR and all consequential proceedings, ensuring the protection of Faizan Ansari's fundamental rights. It also instructed the authorities to return the seized mobile phone to the petitioner and to provide adequate security to safeguard his life and liberty.
Bottom line:-
Expression of literary or artistic work, without intent or incitement to violence or public disorder, cannot attract penal provisions under Section 353(2) of Bharatiya Nyaya Sanhita, 2023. FIR based on vague and subjective allegations, without evidence of incitement or mens rea, amounts to abuse of the process of law.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 353(2), Article 19(1)(a) of the Constitution
Faizan Ansari v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2894521
