Among other sections, Pratapgarhi, national chairman of the Congress’ minority cell, was booked under Section 196 (promoting enmity between different groups on the basis of religion, race, etc.) and 197 (imputations, assertions prejudicial to national integration) of Bharatiya Nyaya Sanhita.The 46-second video clip, uploaded by Pratapgarhi on X, showed flower petals being showered at him as he walks waving his hands with a background song, the lyrics of which the FIR alleged were provocative, detrimental to national unity and hurting religious feelings.In his plea to quash and set aside the FIR, the Congress leader claimed the poem being recited in the background carries “a message of love and non-violence.”Pratapgarhi stated the FIR was used as a tool to harass him and was lodged with a “malicious intent and malafide motives”.Claiming his social media post did not, in any way, provoke enmity between groups and no case was made out, he said he was being implicated due to his association with Congress.”The FIR is based on frivolous and unsubstantiated grounds. A bare perusal of the FIR reveals that certain words were being taken out of the context,” argued the petition.Public prosecutor Hardik Dave opposed the plea saying the words of the poem clearly indicate the rage to be raised against the throne of the state.Dave said though a notice was issued on January 4 asking Pratapgarhi to remain present on January 11, he was not available and another notice was issued on January 15.The Gujarat High Court on January 17 said, “Dave submitted that even considering this aspect, no relief can be granted at this stage as investigation is at a very nascent stage and even on bare reading of the FIR, the ingredients of Sections 197, 302 and 299 of BNS are made out.” From the material placed on record by the prosecution, after the post on social media the response received from the various persons of the community indicated the repercussion was also very serious and certainly disturbing to the social harmony of the society, it added.
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