In a significant ruling, the Supreme Court of India quashed an FIR filed by the Gujarat police against Congress Rajya Sabha MP Imran Pratapgarhi over a poem that was part of a video clip shared on Instagram. The court held that no offence was made out against the politician and reaffirmed that freedom of speech and expression is a fundamental right that must be protected.

Supreme Court Ruling in Favor of Free Speech

A bench comprising Justices Abhay Oka and Ujjal Bhuyan heard the case and ruled in Pratapgarhi’s favor, emphasizing that the right to express thoughts and views is an integral part of a democratic society. The court observed that even if a large section of society disagrees with a particular opinion, it must still be protected under Article 19(1) of the Indian Constitution.

Justice Abhay Oka, while reading out the judgment, remarked that judges are duty-bound to uphold fundamental rights even when they personally do not agree with an expressed view. He reiterated that constitutional courts must be at the forefront in protecting individual freedoms and ensuring that the Constitution’s ideals are not trampled upon.

Gujarat Police Rebuked for FIR Registration

The FIR was filed in Jamnagar under Sections 196, 197, 299, 302, and 57 of the Bharatiya Nyaya Sanhita, 2023, citing that the poem shared by Pratapgarhi—titled "Ae khoon ke pyase baat suno"—had the potential to disturb social harmony. The Gujarat High Court had earlier refused to quash the FIR, arguing that, as a public figure, Pratapgarhi should have been aware of the implications of his posts. However, the Supreme Court overturned this decision, stating that law enforcement authorities must respect constitutional liberties.

The bench noted that police officers, as citizens, are bound to uphold constitutional principles. The court specifically referenced the Preamble of the Indian Constitution, which guarantees liberty of thought and expression as a fundamental right.

Constitutional Protections and Judicial Activism

The Supreme Court’s ruling is seen as a landmark decision in the protection of free speech in India. The judgment serves as a reminder to law enforcement agencies and lower courts that legal actions should not be used to suppress dissenting views. The ruling underscores the importance of a free and open discourse in a democracy and sets a strong legal precedent for future cases involving social media content and political speech.

This case is part of an ongoing debate over judicial review, fundamental rights, and free speech protections in India. It sends a clear message that political speech—especially when non-violent—should not be criminalized.

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