Sharing Urdu Poetry Without Commentary Or Incitement Doesn't Promote Enmity Between Religious Groups: MP High Court

The Madhya Pradesh High Court has quashed an FIR against a government school teacher for sharing an Urdu poem on WhatsApp status, observing that the act of sharing the poem without any additional commentary or any intention to incite would not constitute the offence under Section 353(2) of BNS for promoting enmity or public mischief. 

The bench of Justice BP Sharma observed; 

"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 because, the urdu poem written by Shoaib Kaini which was uploaded on the WhatsApp status (DP) by the petitioner and poem relates to the condition and sarcastic take on human rights, abuse of the women in Pakistan or any other country". 

A government school teacher posted a video on his WhatsApp status on July 22, 2025, containing a recitation of the Urdu poem "Be-haya" written by Shoaib Kaini. He was contacted that day around 4:30 PM by police officials summoning him. His phone was later seized along with registration of an FIR against him for allegedly posting content that was objectionable, misogynistic and unbecoming of a teacher. 

The petitioner faced threats and harassment following the registration of an FIR and sought protection from the Superintendent of Police, but no effective action was taken. He then approached the High Court seeking the quashing of the FIR under Section 353(2) of BNS. 

The court framed the issue of "whether the act of posting a video containing a poetic recitation, without any additional commentary or incitement, can be construed as falling within the ambit of Section 353(2) of Bharatiya Nyaya Sanhita, 2023, which penalizes statements conducing to public mischief". 

The court noted that the Urdu Poem Be-haya was available on an India-based platform dedicated to Urdu poetry and literature. The court noted that the foundation of FIR is based on the allegation that the video posted by the petitioner was objectionable. However, the bare reading of the FIR does not disclose any specific material indicating that the content had any effect of promoting enmity between different groups. 

The bench reiterated that the criminal liability for speech-related offences cannot be imposed merely based on subjective perceptions or speculative apprehensions but must be founded on clear and proximate evidence of incitement or tendency to disrupt public order. 

The bench thus held, "This Court finds that the FIR is conspicuously silent on any such intent attributable to the petitioner. The act alleged against the petitioner is confined to posting a video of a poetic recitation, without any additional commentary or exhortation and there is no material to suggest that the petitioner intended to incite hostility between communities or the content was directed against any identifiable group". 

The bench also noted that the video shared by the petitioner was a mere recitation of a well-known Urdu poem authored by a renowned poet, which was performed at the International Urdu Literary Festival.

The court further observed, "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". 

Accordingly, the petitioner allowed the petition and quashed the FIR and consequential proceedings arising therefrom. Additionally, the court directed the Superintendent of Police to provide adequate security to the petitioner as and when required and to return the seized mobile phone of the petitioner. 

Case Title: Faizan Ansari v State of Madhya Pradesh, MCRC-14833-2026

For Petitioner: Advocate Chinmay Kalgaonka 

For State: Government Advocate A.S. Baghel

Click here to read/download the Order