In a significant verdict, the Supreme Court of India has granted relief to Congress Rajya Sabha MP and poet Imran Pratapgarhi by quashing an FIR registered against him in Jamnagar, Gujarat. The FIR was based on a video in which a poem was played in the background. The Gujarat High Court had earlier declined to cancel the FIR, prompting Pratapgarhi to appeal to the Supreme Court.
The apex court emphasized that freedom of expression is crucial for a healthy society and that Article 21 of the Constitution, which guarantees the protection of life and personal liberty, is vital for maintaining a robust democracy. The bench, comprising Justice Abhay Oka and Justice Ujjal Bhuyan, stated that freedom of speech must be protected even if the opinions expressed are not favored by the majority. This principle applies across various forms of art, including poetry, drama, films, and satire.
The court also noted that it is the judiciary’s responsibility to protect fundamental rights, including freedom of speech as outlined in Article 19(1) of the Constitution. Even though judges themselves may not favor certain words or expressions, they must uphold these constitutional provisions to preserve the dignity of the Constitution and the rights of citizens.
The FIR against Pratapgarhi included charges under Sections 196, 197, 299, 302, and 507 of the Indian Penal Code, accusing him of promoting enmity, incitement, and disrupting harmony. The Gujarat High Court, in its decision on January 17, insisted that the investigation was necessary and advised the MP to be cautious of the potential impact of such posts. However, the High Court emphasized that Pratapgarhi had not presented himself before the police despite being summoned.
Pratapgarhi challenged this decision in the Supreme Court, which granted him interim bail on January 25, underscoring that the police must also understand the importance of freedom of expression. The Supreme Court highlighted that the poem shared in the video pointed towards non-violence. On March 3, the Supreme Court reserved its decision, which ultimately led to the quashing of the FIR. The controversial video was shared by Pratapgarhi on his Instagram, featuring a poem with the lyrics, “Ai khoon ke pyaase baat suno,” (ऐ खून के प्यासे बात सुनो) at a wedding party.
